Third Party Infringements. (a) Suits for Infringement of the EpiCept Licensed Patents and EpiCept Improvements. If EpiCept or Endo becomes aware of infringement of any Patent included in the EpiCept Licensed Patents or EpiCept Improvements by a Third Party in the Territory, such Party shall promptly notify the other Party in writing to that effect and provide a summary of the relevant facts and circumstances known to such Party relating to such infringement ("Infringement Notice"). EpiCept shall have the right, at its sole discretion, on its own behalf, to institute, prosecute and control any action or proceeding to restrain infringement of any EpiCept Licensed Patents or EpiCept Improvements licensed to Endo hereunder. Endo agrees to be joined as a Party plaintiff if necessary to prosecute the action or proceeding and shall provide all reasonable cooperation, including any necessary use of its name, required to prosecute such litigation. EpiCept shall have sole control of any such suit and all negotiations for its settlement or compromise, provided that, EpiCept shall not settle or compromise any such suit or enter into any consent order for the settlement or compromise thereof without the prior written consent of Endo, which consent shall not be unreasonably withheld, conditioned or delayed.
Third Party Infringements. 12.1. KiSP may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service or Restricted Areas of the Service if You infringe intellectual property rights of others through the use of our Service. If You believe that Your work is the subject of an infringement in an intellectual property right and appears on our Service, You are obligated to provide Us with the following information: ● Documentary evidence from a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; ● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KiSP to locate the material; ● Information reasonably sufficient to permit KiSP to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; ● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and / or ● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third Party Infringements. TPMA shall have the sole right, in its discretion, to initiate, prosecute or settle legal actions against any person infringing any intellectual property rights to the Services within the Territory (except any settlement, which would have the effect of denying to IPVC the benefits of this Agreement). Each party shall promptly notify the other of any actual or potential infringement, which becomes known to it. Should TPMA fail to take appropriate and diligent action with respect to any such infringement by a third person, then IPVC shall have the right to take such action, at its own expense and in its own name or in the name of TPMA and the right to enforce and collect any judgment thereon. Each party shall cooperate (including appearance for testimony at trials and depositions) with the other party as such party may reasonably request in regard to any legal action brought by a party pursuant to this Section. The party requesting such cooperation shall pay all out-of-pocket costs of the party providing such cooperation.
Third Party Infringements. There are no infringements of, passing-off related to, or other interference with the Technology by third parties of which the Issuer has received notice (formal or informal) or is otherwise aware.
Third Party Infringements a. If any of INC, PHARMA, or BIOSCIENCE becomes aware of any activity that it believes represents an infringement of any of the PHARMA IP, the Party obtaining such knowledge shall promptly advise, to the extent that such information is available to the respective Party, the others of all relevant facts and circumstances relevant to the potential infringement. INC. PHARMA, and BIOSCIENCE shall thereafter consult and cooperate fully to determine a course of action, including but not limited to the commencement of legal action to terminate any infringement of the PHARMA Patent Rights. However, PHARMA shall have the first right, but not the obligation, to bring, defend, or maintain any suit or action, against any actual, threatened, or suspected infringement of any of the PHARMA IP in the Territory. In the event that PHARMA is involved in any such legal action, to the extent necessary, BIOSCIENCE shall join such legal action as a party and PHARMA shall keep INC apprised of all significant activities and decisions, including but not limited to consulting INC regarding settlement of infringement claims. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
Third Party Infringements. 16.1 Covion shall promptly inform CDT by way of notice in writing (giving as much by way of particulars as Covion has available to it to enable the same to be properly evaluated) of any suspected infringement of the claims licensed to Covion under the Patents pursuant to Clauses 3, 7 and/or 8 of this Agreement by any third party which may come to Covion’s notice (or which Covion has reasonable grounds for believing is taking place) at any time during the period referred in Clause 11.2 during which Covion is paying royalties to CDT under this Agreement and in respect of which Covion requires CDT to take action (the date such notice is served on CDT being hereinafter referred to as the “Notification Date”). CDT shall be obliged to respond to any such notice within thirty (30) days of the date of service informing Covion as to whether it will take any action in respect of the suspected infringement.
Third Party Infringements. In the event XYZ becomes aware of a Third Party infringing a Licensed Patent by manufacture, use, sale, offer for sale or import of a Licensed Product in the Licensed Field and Licensed Territory, and XYZ desires to xxxxx such infringement, XYZ shall provide written notice thereof to ABC. Unless, within ninety (90) days after such notice, ABC agrees in writing to take action against such Third Party to xxxxx such infringement, XYZ shall have the right but not the obligation to bring an action against such Third Party for alleged infringement of a Licensed Patent in XYZ’s name, and in the name of ABC if required by law. ABC agrees to cooperate with XYZ in any such action at XYZ’s expense, including prompt and ongoing reimbursement by XYZ of all out-of-pocket costs incurred by ABC in such action. If XYZ receives any funds from the Third Party as a result of such action or a settlement thereof, after deducting XYZ’s and ABC’s expenses associated with such action, XYZ shall pay to ABC one‑half (1/2) of the remaining balance of such funds.
Third Party Infringements. Each Party will promptly notify the other of any infringements by third parties of rights in the Products, the Trademarks, Patents or related materials that come to such Party’s attention. Medizone undertakes to exercise all legal actions it deems reasonably necessary to protect and defend the Products against any infringement by third parties of these rights, and may bring legal actions against them for infringement of its Intellectual Property Rights. Distributor shall cooperate fully in any such actions, and in such event Medizone shall bear the expenses of the legal action (including costs incurred by Distributor in taking any legal actions at Medizone’s request), and shall be entitled to retain any and all sums recovered in the legal action.
Third Party Infringements. Neither Party shall have any obligation with respect to the abatement of infringement of the Licensed Patents by third parties. However, if at any time a Third Party shall infringe any unexpired Licensed Patents and if such infringement shall come to the attention of a Party, that Party will give notice in writing to the other Party of the existence of such infringement. XXXXXXX will decide on an appropriate course of action to take with respect to the infringement in view of all of the circumstances then existing.
Third Party Infringements. Each party shall promptly notify the other of its knowledge of any potential infringement of the Corvas Patent Rights. Corvas shall have the right, but not the obligation, to take all reasonable legal action necessary to (i) protect the licensed Corvas Patent Rights against infringements by third parties and (ii) enforce the Corvas Patent Rights against infringement by third parties by the sale of products competing with Licensed Products in the Field. If, within three (3) months following receipt by the receiving party of the notice referred to in the first sentence of this Paragraph, Corvas fails to take such action to halt the alleged infringement, Schering shall, in its sole discretion, have the right to take such action as it deems warranted in its own name or in the name of Corvas or jointly. The foregoing notwithstanding, in the event that an alleged third party infringer certifies pursuant to 21 U.S.C. Section 355(b)(2)(A)(iv) against a granted patent within the scope of the Corvas Patent Rights and covering a Licensed Product, the party receiving notice of such certification shall immediately notify the other party of such certification, and if fourteen (14) days prior to expiration of the forty-five (45) day period set forth in 21 U.S.C. Section 355(c)(3)(C), Corvas fails to commence an infringement action, Schering, in its sole discretion, shall be entitled to bring such infringement action. Each party agrees to render such reasonable assistance as the prosecuting party may request. Costs of maintaining any such action and damages recovered therefrom shall be paid by and belong to the party bringing the action. In each case the party not initiating the action shall have the right, at its own expense, to join into the prosecution of such action, including becoming a party to such action and being represented by separate counsel of its choice. However, if Schering, in its sole discretion, consents to grant a sublicense under Corvas patent Rights to any third party, who, but for such license, would infringe claims of issued patents included in the Corvas Patent Rights, then, after deduction by Schering of any costs and expenses incurred by Schering in the prosecution of such action prior to granting the license to such party, Corvas and Schering shall divide the running royalty payments received from any such third party, in the proportion of [ *** ] to Schering and [ *** ] to Corvas; in such case, sales of such products by such third party shall n...
