Suit by Licensee. Licensee shall have the right, but shall not be obligated, to commence suit for infringement of the Licensed Patents only if the infringing activities giving rise to such suit come within the scope of activities exclusively licensed to Licensee under paragraph 2.1 (i). The total cost of any such infringement action commenced by Licensee shall be borne by Licensee, and Licensee shall retain any recovery or damages awarded in such action.
Appears in 1 contract
Suit by Licensee. Licensee shall have the initial right, but shall not be obligated, to commence suit for any infringement of the Licensed Patents only if the infringing activities giving rise to such suit come within the scope of activities exclusively licensed to Licensee under paragraph 2.1 (i)Patents. The total cost of any such infringement action commenced solely by Licensee shall be borne by Licensee, and Licensee shall retain any recovery or damages awarded in such action.
Appears in 1 contract
Samples: License Agreement (Zymetx Inc)
Suit by Licensee. Licensee shall have the initial right, but shall not be obligated, to commence suit for any infringement of the Licensed Patents only if the infringing activities giving rise to such suit come within the scope of activities exclusively licensed to Licensee under paragraph 2.1 (i)and/or Licensed Marks. The total cost of any such infringement action commenced solely by Licensee shall be borne by Licensee, and Licensee shall retain any recovery or damages awarded in such action.
Appears in 1 contract
Samples: License Agreement (Zymetx Inc)