Common use of Prosecution of Actions Clause in Contracts

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.

Prosecution of Actions. (a) PNU NeoPharm 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 NeoPharm Patents or Product NeoPharm Know-How by counsel of its own choice. NeoPharm PNU shall cooperate with PNU NeoPharm at PNUNeoPharm's request in the prosecution of such action or proceeding. If PNU NeoPharm determines that NeoPharm PNU is an indispensable party to the action, NeoPharm PNU hereby consents to be joined. In such event, NeoPharm PNU shall have the right to be represented in that action by counsel of its own choice and expense.