Field Infringement has the meaning set forth in Section 6.3(b).
Field Infringement shall have the meaning ascribed to such term in Section 6.4.
Field Infringement has the meaning set forth in Section 9.3(b).
Examples of Field Infringement in a sentence
The Party initiating legal action against a Field Infringement shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 7.4(b) or 7.4(c) (the “Initiating Party”).
For any infringement of the Patent Rights other than a Field Infringement, CELL GENESYS shall have the sole and exclusive right to bring an action against the infringer.
Company and Penn will consult each other in a timely manner concerning any appropriate response to the Field Infringement.
Company may enforce the Penn Patent Rights against any Field Infringement at Company’s expense.
Cara shall consult with VFMCRP and give good faith consideration to any reasonable objection from VFMCRP regarding Cara’s proposed course of action prior to initiating any such lawsuit or other enforcement action asserting any such Licensed Patent Rights or Joint Patent against a Field Infringement in the Licensed Territory.
More Definitions of Field Infringement
Field Infringement has the meaning set forth in Section 6.3(b). Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. EXECUTION VERSION
Field Infringement shall have the meaning set forth in Section 7.3(a).
Field Infringement is defined in Section 8.2(a)(ii).
Field Infringement has the meaning set forth in Section 11.7.1.
Field Infringement has the meaning set forth in Section 6.3(b). Portions of the exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Field Infringement. With respect to any such Field Infringement, Onyx shall have the primary right, but not the obligation, to institute, prosecute and control, at its expense, any action or proceeding against the Third Party infringer of an Onyx Patent or any Patent for which Onyx has responsibility or control, with respect to such Field Infringement, and Warner shall have the primary right, but not the obligation, to institute, prosecute and control, at its expense, any action or proceeding against the Third Party infringer of a Warner Patent, Joint Patent or any Patent for which Warner has responsibility or control, with respect to such Field Infringement (with the Party having such primary right referred to herein as the "ENFORCING PARTY"). If the applicable Enforcing Party institutes an action against such infringer, the other Party agrees to be joined as a party plaintiff and to give the Enforcing Party reasonable assistance and authority to control, file and prosecute the suit as necessary, and such other Party shall have the right to participate in any such action brought and to be represented by counsel of its own choice. If the Enforcing Party fails to bring an action or proceeding against the infringer in a Field Infringement within a period [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. of ninety (90) days after it has actual notice of such infringement (including by written notice from the other Party), then the other Party shall have the right to bring and control any such action against such infringer by counsel of its own choice, and the Enforcing Party shall have the right to participate in such action and be represented by counsel of its own choice. Any damages or other monetary awards recovered by a Party in pursuing any action under this Section 10.5 (a) shall first be applied to reimburse the actual costs and expenses of the Party that brought the suit (including the internal costs and expenses specifically attributable to prosecuting such suit) and then to reimburse the other Party for its costs in cooperation with such suit. Any remaining damages or other recovery shall be allocated to the Party that was finally responsible for prosecuting such suit. No settlement or consent judgment or other voluntary final disposition of a suit under this Section 10.5(a) m...
Field Infringement has the meaning set forth in Section 16.2(a).