Prosecution of Actions Sample Clauses

Prosecution of Actions. (a) PNU shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to any infringement of any of the Product Patents or Product Know-How by counsel of its own choice. NeoPharm shall cooperate with PNU at PNU's request in the prosecution of such action or proceeding. If PNU determines that NeoPharm is an indispensable party to the action, NeoPharm hereby consents to be joined. In such event, NeoPharm shall have the right to be represented in that action by counsel of its own choice and expense.
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Prosecution of Actions. AskBio shall have the sole right, but not the obligation, to carry out actions against Third Parties arising from such Third Parties’ infringement or misappropriation of the AskBio Licensed Technology.
Prosecution of Actions. Licensor shall have the right to take whatever action Licensor in its sole discretion deems appropriate, including appropriate court action, to terminate the infringement or misappropriation, or to enter into a settlement agreement with the infringing or misappropriating party or parties. Such action shall include the defense of any action in which the validity or infringement of any paten right is placed in issue by a third party, e.g. by way of a declaratory judgment action, opposition, re-examination request or nullity suit. Any such action shall be under the sole control of Licensor, at Licensor's expense, and with counsel of Licensor's choosing. To the extent that any such infringement or misappropriation bears directly upon the rights granted the Licensee hereunder, the Licensee shall, at its expense, be entitled to have co-counsel of its choice observe the progress of such action. Licensee agrees to cooperate fully with Licensor and to provide, at Licensor's expense, any reasonable assistance that Licensor might require in said action, including joining with Licensor as a named party in any lawsuit in which Licensor may become involved in its efforts to terminate the infringement or misappropriation or confirm the validity of any Licensed Patent. Licensor agrees that it will not enter into any agreement in settlement of any such action that would restrict or impair the rights granted the Licensee hereunder or require any material payment by Licensee to any person in order to exercise such rights without the consent of the Licensee.
Prosecution of Actions. Subject to the provisions of the TLC License, LaserSight shall have the sole and exclusive right, but not the obligation, to initiate and prosecute at its own expense any action for infringement of the `810 Patent and to collect damages for past and future infringement.
Prosecution of Actions. Licensor shall have the right, but not the obligation, to initiate and prosecute at its own expense any action for infringement of the Licensed Patents and to collect damages for past and future infringement. If Licensor elects not to initiate and prosecute at its own expense any action for infringement of the License Patents, Licensee shall have the option, but not the obligation, to cooperate with Licensor in enforcement of the existing Lin Scanning Patents by assisting Licensor in instituting and prosecuting a suit for infringement in Licensor's name by supporting the litigation at Licensee's own expense and pursuant to the conditions set forth in Section 4.00 of this Agreement.
Prosecution of Actions a). The Company shall have the right to institute and prosecute any action or pro ceeding or do any other act which, in its opinion, may be necessary or xxxxx able to establish or confirm the matters herein insured; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof.
Prosecution of Actions. Handling of Legal Proceedings The Licensor is not liable for loss or damage arising in this connection.
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Prosecution of Actions. (a) InSite shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to any infringement of any of the INSITE PATENT RIGHTS or INSITE KNOW-HOW arising from the development, manufacture, processing or use of the COMPOUND in the FIELD or the finishing, distribution, marketing, detailing or sale of the PRODUCT(S), by counsel of its own choice. P&U shall cooperate with InSite at InSite's request in the prosecution of such action or proceeding. If InSite determines that P&U is an indispensable party to the action, P&U hereby consents to be joined. In such event, P&U shall have the right to be represented in that action by counsel of its own choice and expense.
Prosecution of Actions. Alcon shall have the sole and exclusive right, but not the obligation, to initiate and prosecute at its own expense any action for infringement of the `135 Patent and to collect damages for past and future infringement. Alcon shall have the right to join LaserSight as a party in any action initiated by Alcon if such joinder is necessary to the continued prosecution such action. If LaserSight joins any such action at Alcon's request, Alcon shall be responsible for all of LaserSight's legal costs and expenses, which shall be treated as Alcon legal expenses under Section 2.00.
Prosecution of Actions. (a) Lilly shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to any infringement/misappropriation of any of the Infringed Antares Rights by counsel of its own choice. Antares shall cooperate with Lilly at Lilly’s request in the prosecution of such action or proceeding. If Lilly reasonably determines that Antares is an indispensable party to the action, Antares hereby consents to be joined. In such event, Antares shall have the right to be represented in that action by counsel of its own choice and at Antares’ expense.
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