Common use of Third Party Intellectual Property Clause in Contracts

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use or sale of any Licensed Product hereunder infringes the intellectual property rights of any Third Party in the Territory, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 4 contracts

Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)

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Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use use, offer for sale, or sale of any Licensed a Product hereunder infringes the intellectual property rights of any Third Party in the Territory, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 4 contracts

Samples: License Agreement (Titan Pharmaceuticals Inc), License Agreement (Titan Pharmaceuticals Inc), Mutual Release Agreement (Indevus Pharmaceuticals Inc)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or development, manufacture, import, use use, marketing or sale of any Licensed Product hereunder infringes the intellectual property rights of any Third Party in the Territory, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 2 contracts

Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use or sale Development and/or Commercialization of any Licensed Product hereunder Products infringes the intellectual property rights of any Third Party in the Territory, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 2 contracts

Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim Claim that the practice by either Party Development or Commercialization of Know-How the Compound or Patent Rights or manufacture, import, use or sale of any Licensed Product hereunder Products infringes the intellectual property Intellectual Property rights of any Third Party in the TerritoryParty, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 2 contracts

Samples: Sublicense Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any Third Party claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use use, sale or sale other exploitation of any Licensed Product hereunder Compounds or Licensed Products under this Agreement infringes the intellectual property Intellectual Property rights of any Third Party in the Territory(an “Infringement Claim”), such Party shall promptly (and in any event not later than [***] Business Days after knowledge of the Infringement Claim), notify the other PartyParty (“Infringement Notice”). The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 1 contract

Samples: Stock Purchase Agreement (Oncogenex Pharmaceuticals, Inc.)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use or sale of any Licensed Product hereunder infringes the intellectual property rights of any Third Party in the TerritoryParty, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 1 contract

Samples: License, Commercialization and Supply Agreement (Indevus Pharmaceuticals Inc)

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Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use or sale of any Licensed Product hereunder infringes the intellectual property rights of any Third Party in the TerritoryParty, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 1 contract

Samples: Development, License and Commercialization Agreement (Indevus Pharmaceuticals Inc)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party of Know-How or Patent Rights or manufacture, import, use use, offer for sale, or sale of any a Licensed Product hereunder or a Licensed Process infringes the intellectual property rights of any Third Party in the Territory, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (MetaStat, Inc.)

Third Party Intellectual Property. (a) In the event that a Party becomes aware of any claim that the practice by either Party Development or Commercialization of Know-How or Patent Rights or manufacture, import, use or sale of any Licensed Product Products hereunder infringes the intellectual property rights of any Third Party in the Territory, such Party shall promptly notify the other Party. The Parties shall thereafter discuss the situation, and to the extent reasonably necessary, attempt to agree on a course of action.

Appears in 1 contract

Samples: License Agreement (Athenex, Inc.)

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