Suit for Infringement Clause Samples
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Suit for Infringement. (a) During the term of this Agreement, Arena shall be responsible for enforcement of the Arena Patent Rights including, but not limited to, the bringing of an action for patent infringement, selection of the forum for such action, and counsel, settlement of any such action, and the costs devoted to such action. Fujisawa agree to provide reasonable assistance except for financial assistance to Arena in the enforcement of Arena Patent Rights and Fujisawa may join such action as initiated by Arena with counsel at its own expense and seek its own damages and other relief. If within ninety (90) days of Fujisawa's giving notice to Arena of a Third Party infringement in the Territory Arena fails to institute the infringement suit that Fujisawa reasonably feels is required, Fujisawa may institute such infringement proceedings against said Third Party at its expense and Fujisawa shall have the right to receive all the amounts payable by said Third Party as a result of such proceedings. And in such case, Fujisawa shall also have the right at any time thereafter to cease paying royalties on *********************of the Royalty Payment of Drug Product so long as infringement exists in the Territory.
(b) In the event a claim of patent infringement is made against Fujisawa by a Third Party in the Territory by reasons of Fujisawa's commercial activities hereunder, Fujisawa and Arena shall meet to analyze the infringement claim and avoidance of the same. If it is necessary to obtain an appropriate license from such a Third Party, the Parties shall, in negotiating such a license, make every efforts to minimize the amount of license fees and/or royalties payable to such Third Party and (i) in case that such license is related to Arena Activation Technology, Arena shall be responsible for such license fees and/or royalties, (ii) in case that such license is related to Fujisawa Activated Receptor and/or Fujisawa Receptor Assay, Arena shall be responsible for a half amount of such license fees and/or royalties.
Suit for Infringement. 9.3.1 LICENSEE shall have the first right to enforce the PATENT RIGHTS against any infringement or alleged infringement thereof, and shall at all times keep JHU informed as to the status thereof. This right to ▇▇▇ for infringement shall not be used in an arbitrary or capricious manner. Before LICENSEE commences an action with respect to any infringement of such patents, LICENSEE shall give careful consideration to the views of JHU and to potential effects on the public interest in making its decision whether or not to ▇▇▇. Thereafter, LICENSEE may, at its own expense, institute suit against any such infringer or alleged infringer and control and defend such suit in a manner consistent with the terms and provisions hereof.
9.3.2 No settlement, consent judgment or other voluntary final disposition of the suit may be concluded without the prior written consent of JHU, which consent shall not be unreasonably withheld. JHU shall reasonably cooperate in any such litigation at LICENSEE's expense.
9.3.3 If LICENSEE elects not to enforce any patent within the PATENT RIGHTS, it shall so notify JHU promptly in writing and JHU may, in its sole judgment and at its own expense, take steps to enforce any patent and control, settle, and defend such suit in a manner consistent with the terms and provisions hereof, and recover, for its own account, any damages, awards or settlements resulting therefrom.
Suit for Infringement. Company shall not be obligated to institute --------------------- a lawsuit against any apparent infringer. If, however, Company commences such a lawsuit, Developer, upon Company's request and at Company's expense shall provide all reasonable assistance with respect to such a lawsuit, including making Developer's employees and agents available to testify on Company's behalf. Unless Developer and Company otherwise agree. Company shall be solely responsible for the expenses of such litigation and with any recovery obtained therefrom shall first be fully reimbursed for such expenses. Ninety-seven-and-a-half (97.5) percent of the remainder of any such recovery shall belong to Company and two-and-a-half (2.5) percent to Developer.
Suit for Infringement. Licensor shall not be obligated to institute a lawsuit against any apparent infringer. If, however, Licensor commences such a lawsuit, Licensor shall be solely responsible for the expenses of such lawsuit and shall retain all proceeds form such lawsuit.
Suit for Infringement. 35 ARTICLE XVI REPRESENTATION AND WARRANTIES 36 16.1
Suit for Infringement. Upon reasonable Notice of infringement provided by Neurocrine to Arena, including the evidence that Neurocrine believes supports an allegation of infringement, Arena, using Best Reasonable Commercial Efforts, shall determine if Neurocrine shall have the opportunity to bring any suit or action for infringement of any patent rights related to the Neurocrine Activated Receptor(s). Any such action shall be solely at Neurocrine's expense, and any amount recovered, whether by judgment, award, decree or settlement, shall belong entirely to Neurocrine. Arena shall, if requested by Neurocrine and if fully compensated therefor by Neurocrine, assist Neurocrine in the prosecution of such action.
Suit for Infringement. Upon reasonable notice of infringement, Arena shall have the opportunity to bring any suit or action for infringement of the SS Pharmaceutical Patent Rights in the Arena Exclusive Territory and/or Joint Inventions in any territory. Any such action shall be solely at Arena's expense, and any amount recovered, whether by judgment, award, decree or settlement, shall belong entirely to Arena. SS Pharmaceutical shall, if requested by Arena, actively assist in the prosecution of such action. The Parties agree to cooperate in any decision regarding any suit or action for infringement of the SS Pharmaceutical Patent Rights in the Semi-Exclusive Territory.
Suit for Infringement. (a) During the Term of this Agreement, Arena shall be responsible for enforcement of the Arena Patent Rights including, but not limited to, the bringing of an action for patent infringement, selection of the forum for such action, and counsel, settlement of any such action, and the costs devoted to such action. TaiGen agrees to provide reasonable assistance except for financial assistance to Arena in the enforcement of Arena Patent Rights and TaiGen may join such action as initiated by Arena with counsel at its own expense and seek its own damages and other relief. If, within ninety (90) days of TaiGen's giving notice to Arena of a Third Party infringement in the Territory, Arena fails to institute the infringement suit that TaiGen reasonably feels is required, TaiGen may institute such infringement proceedings against said Third Party at its expense and TaiGen shall have the right to receive all the amounts payable by said Third Party as a result of such proceedings.