Defense Action definition

Defense Action has the meaning set forth in Section 13.3.1.

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Defense Action means a lawsuit or claim that arises out of Licensee’s practice of the composition or method of preparing the composition as set forth in one or more of the claims of the Patents.

Defense Action means (a) initiation by a Third Party of (i) a challenge to the validity, scope, or enforceability of any OSI Product Patent, or (ii) an opposition proceeding against any OSI Product Patent, (b) initiation by Licensee of an opposition against a Third Party, or (c) any allegation by a Third Party that the intellectual property owned by it is infringed, misappropriated, or violated by the exploitation of any Licensed Product.

Examples of Defense Action in a sentence

• The Party that controls a Defense Action in accordance with this Section 13.3.2 shall keep the other Party reasonably informed of the status of such Defense Action and the other Party shall reasonably cooperate in connection therewith.

• Any award paid by a Third Party to either Party as a result of any Enforcement Action or Defense Action contemplated by Section 10.3 or Section 10.5, as applicable, whether by way of settlement as contemplated by Section 10.5 or otherwise, shall be allocated first pro rata to the reimbursement of any costs incurred by the Parties in such Enforcement Action or Defense Action, and any remaining amounts (the “Net Recovery”) shall be allocated to the enforcing Party.

• Upon LICENSEE’s request, NOVARTIS shall reasonably cooperate with LICENSEE, to the extent necessary to defend LICENSEE or its Affiliates or any Sublicensee of LICENSEE in a Defense Action related to LICENSEE’s or its Affiliates or Sublicensee’s Development, Commercialization or Use of any Compound or Product in the Field.

• Neither Party will enter into any settlement of any an infringement or other appropriate suit or administrative proceeding against a Competitive Infringement or any Defense Action that could reasonably be expected to materially adversely affect the other Party’s rights or interests without such other Party’s written consent, which consent will not be unreasonably withheld.

• As between the Parties, if a Defense Action is brought against a Party or any of its Affiliates (including with respect to Pfizer, the Pfizer Licensors and their Affiliates and with respect to the Company, the Company Licensees and their Affiliates), such Party shall control such Defense Action.

• If a Defense Action arises, Licensor shall in each instance have the first option to control the defense in any such claim or suit.

• If Licensor exercises its option to control the Defense Action, Licensee shall fully cooperate with Licensor in the defense of any such suit.

• The Party that brings or defends any such Enforcement or Defense Action (the “Initiating Party”) shall bear the expense of such Enforcement Or Defense Action.

• Likewise, Sarepta will have the first right, but not the obligation, to defend against any Defense Action in the Sarepta Territory relating to a Summit Patent Right (subject to the provisions of any Summit In-License) or Collaboration Patent Right, and will have the sole and exclusive right to defend any Defense Action in the Sarepta Territory relating to a Sarepta Patent Right.

• If Company is not legally permitted to join such Defense Action, Columbia shall consult with and consider in good faith the comments and suggestions of Company with regard to such proceedings.

More Definitions of Defense Action

Defense Action has the meaning set forth in Section 18.5.1.

Defense Action has the meaning set forth in Section 6.4.1 (Notification).

Defense Action means (a) the filing of any document, paper or submission with any court by Borrower or any of its Affiliates which (i) raises any objection to any allegations made or relief requested in Lender's complaint, or any other motions or pleadings by Lender, in any action to foreclose the Mortgage, (ii) objects to any service of process or attempted service or the manner thereof in connection with any such action, (iii) raises any defense or asserts any claim, counterclaim or cross-claim against Lender in any such action or seek any adjournments or extensions of time in such action (iv) puts in an answer or makes any motion in any such action the form and substance of which has not been approved in writing by Lender or (v) seeks to delay Lender's foreclosure of the Mortgage or Lender's obtaining of any relief in connection therewith or (b) a third party's taking any of the actions described in clause (a) in collusion with Borrower.

Defense Action shall have the meaning stated in Section 12.13. 1.11 “Deliverables” shall mean the Devices and Products to be sourced by and delivered by SHL, and any other deliverable identified in this Agreement. 1.12 “Device” means a single-use injection device based on SHL’s [***] in the form of sub-assemblies sourced from SHL Taiwan and developed for Customer under the Joint Development Agreement, suitable for housing the Primary Packaging, inclusive of all components, assembly steps and quality release steps, to be manufactured in accordance with Product requirements defined in the applicable Statement of Work, and Product specifications and Device specifications in the Quality Agreement. For purposes of clarity, the Device includes any past or future versions of the Device supplied hereunder and does not include the Primary Packaging or the Drug Product contained therein.

Defense Action shall have the meaning stated in Section 12.13.