Protection Against Infringement Sample Clauses

Protection Against Infringement. Isis and Lilly each agree to take reasonable actions to protect their respective patents and technology from infringement and from unauthorized possession or use.
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Protection Against Infringement. During the term of this Agreement, RESELLER agrees to notify CASI promptly of (i) any known use or registration by third parties of any trade names or marks which might infringe CASI's trade or Product names or marks and (ii) any notice or claim of infringement against RESELLER based on or resulting from RESELLER's use of such names and marks. RESELLER acknowledges and agrees that CASI shall have the sole right and duty to protect such names and marks from a legal action or suit for infringement thereof.
Protection Against Infringement. In the event that Licensee becomes aware of activity on the part of any third party which may constitute infringement of the Licensed Patents, or any other intellectual property rights with respect to which Licensee is granted a license hereunder, Licensee shall give Licensor written notice thereof. Upon reasonable request by Licensor, Licensee shall, at its sole expense, initiate and thereafter diligently maintain reasonable efforts to prevent and xxxxx such infringement, including the initiation of an appropriate civil action for infringement and the taking of such other action as may be necessary or appropriate, to enforce the Licensed Patents or other intellectual property rights with respect to -which Licensee is granted a license hereunder. In such event, (i) Licensor will permit the use of its name in, and as a party to, all such suits and execute all pleadings, documents and other papers necessary or appropriate in conjunction therewith and (ii) Licensee shall receive the full benefits of any action it takes pursuant to this subsection, including retaining all sums recovered in any such suit or in settlement thereof after paying Licensor the Earned Royalties which shall be calculated from the amount of Gross Revenues, if any, asserted by Licensee to support any award of compensatory damages (as opposed to punitive or any other damages). Licensor may, at its option and its cost and expense, participate in meetings with Licensee and/or its counsel and receive all pleadings, documents and other related papers useful for the purpose of keeping Licensor informed of the status of any proceedings commenced by Licensee pursuant to this Section 6.
Protection Against Infringement. In the event that either party becomes aware of activity on the part of any, or claim made by a, third party which may constitute or relate to an infringement of the Licensed Patents, or any other intellectual property rights with respect to which Licensee is granted a license hereunder, such party shall give the other party written notice thereof. At Licensee's sole discretion, Licensee may, at its sole expense, initiate and thereafter diligently maintain reasonable efforts to prevent and xxxxx such infringement, including the initiation of an appropriate civil action for infringement and the taking of such other action as may be necessary or appropriate, to enforce the Licensed Patents or other intellectual property rights with respect to which Licensee is granted a license hereunder or to defend any similar action initiated by a third party. In such event, (i) Licensor will cooperate fully in all respects and permit the use of his name in, and as a party to, all such suits and execute all pleadings, documents and other papers necessary or appropriate in conjunction therewith and (ii) Licensee shall receive the full benefits of any action it takes pursuant to this subsection, including retaining all sums recovered in any such suit or in settlement thereof, and if such proceeds do not fully reimburse Licensee for its legal expenses incurred in connection with such litigation, Licensee may deduct such amount from future royalty payments to Licensor. Licensor may, at his option and his cost and expense, participate in meetings with Licensee and/or its counsel and receive all pleadings, documents and other related papers useful for the purpose of keeping Licensor informed of the status of any proceedings commenced by Licensee pursuant to this Section 6. Licensor may, at his option, join Licensee in the defense of the intellectual property rights by agreeing to pay Licensee a minimum of six percent of Licensee's legal costs; provided, however, that if Licensee and Licensor are successful in such joint defense, then any damages awarded shall be divided as follows: (a) reimbursement to Licensor and Licensee for legal expenses (pro rata to actual expenses in the event that the damages awarded or actually collected are insufficient to cover 100% of the parties' total legal expense); (b) if any award remains after such payments, Licensor shall receive six percent of the full amount of the award, but not to exceed amounts paid by Licensor to Licensee for legal expe...
Protection Against Infringement. The Company shall assist Baptist to the extent reasonably necessary in the procurement of any protection of, or to protect any of Baptist's rights in and to, the Name. The Company shall promptly notify Baptist of any infringements or imitations by others of the Name, or of the use of any trade name or trademark that is the same as or similar to those covered by this Agreement that come to the Company's attention. The Company shall not institute any suit or take any action on account of any such infringements or imitations and as between Baptist and the Company, Baptist shall be solely responsible for defending and protecting the Name and prosecuting infringements thereof.
Protection Against Infringement. Each Party agrees to take reasonable actions to protect the Trademarks, Patent Rights, Know-How, Acorda Background Technology, Program Intellectual Property and any related technology from infringement and from unauthorized possession or use by Third Parties, as provided in this Section 9.3.
Protection Against Infringement. Upon receipt of any information supporting a claim that any third-party in infringing on any protectable aspect of the Technology or any Improvement, the party hereto receiving such notice shall so inform the other party. Demeter shall have the right but not the obligation to take any necessary or appropriate actions, at its own expense, to prevent the infringement of any protectable aspect of the Technology or any Improvement. Jaynxx xxxees to provide Demeter with all necessary support and assistance reasonably required in investigating and precluding infringement of the Technology or any Improvement and Demeter agrees to pay Jaynxx xxxr compensation plus out-of-pocket expenses incurred in connection with providing such support and assistance.
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Protection Against Infringement. Master Distributor agrees to cooperate fully with Company to protect company's proprietary rights in the Intellectual Property, yet acknowledges and agrees that Company shall have the sole right, opportunity and duty to protect the Intellectual Property from legal action or suit for infringement thereof, and Master Distributor shall not respond, contest, settle, or otherwise conduct any proceedings or handle any claims without prior consultation with and written approval from Company, unless a response is necessary to avoid compromising the rights of Company in such proceedings or with regard to such claims.
Protection Against Infringement. (a) The Distributor agrees to inform Synon promptly of all legal requirements for protecting the proprietary rights of Synon in and to the Products in the Territory, and agrees to cooperate fully with Synon in protecting the Products from infringement.
Protection Against Infringement. The parties shall, to the extent commercially reasonable under the circumstances, cooperate in the enforcement of all rights in the Licensed Product and Documentation against infringers. St. Xxxx shall have the right, but not the obligation, to institute and prosecute lawsuits against third persons for infringement of the rights licensed by St. Xxxx in this Agreement. If St. Xxxx does not institute an infringement suit within thirty (30) days after Frontec's written request that it do so. Frontec may institute and prosecute such lawsuit. Any lawsuit shall be prosecuted solely at the cost and expense of the party bringing suit and all sums recovered in any such lawsuits, whether by judgement, settlement or otherwise, in excess of the amount of reasonable attorneys' fees and other out of pocket expenses of such suit, shall belong to the party bringing the suit. Upon request of the party bringing the lawsuit, the other party shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit. The party bringing suit shall reimburse the other party for the expenses incurred as a result of such cooperation.
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