Infringement definition
Examples of Infringement in a sentence
Yarrow will not enter into any settlement of any claim described in this Section 10.3.2 (Infringement Actions) that [***], without GenSci’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.
As between the Parties, Yarrow shall be responsible for the defense of any Third Party Infringement Claim with respect to the activities of Yarrow or its Affiliates or Sublicensees, at Yarrow’s own cost and expense; provided that, the provisions of Section 10.3 (Patent Enforcement) shall govern the right of Yarrow to assert a counterclaim of infringement of any Licensed Patent Rights; and provided, further, [***].
Notwithstanding the foregoing, prior to enforcing any Licensed Patent Right or Joint Patent, GenSci will consult with Yarrow and consider in good faith (and if reasonable adhere to) Yarrow’s views with respect to the appropriate response to such Infringement.
The Parties will assert and not waive the joint defense privilege with respect to any communications between the Parties in connection with the defense of such Third Party Infringement Claim.
If any Party or its Affiliates or (sub)licensees becomes the subject of a Third Party’s claim or assertion that the Exploitation of the Licensed Compound or any Licensed Product infringes one or more Patents of such Third Party (each, a “Third Party Infringement Claim”), the Party first becoming aware of the Third Party Infringement Claim will promptly notify the other Party in writing.