Infringement and Litigation. 11.1 Each party shall promptly notify the other in writing in the event that it obtains knowledge of infringing activity by third parties, or is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED PATENTS, and shall supply the other party with documentation of the infringing activities that it possesses.
Infringement and Litigation. 10.1. Each party shall promptly notify the other in writing in the event that (a) it obtains knowledge of activity by third parties infringing or otherwise violating the intellectual property rights in the LICENSED TECHNOLOGIES, or (b) it is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED TECHNOLOGIES, and shall supply the other party with documentation of the infringing activities that it possesses.
Infringement and Litigation. 7.1 Rice and Licensee are responsible for notifying each other promptly of any infringement of Rice Intellectual Property or any misappropriation of Rice Confidential Information or Rice Technical Information that may come to their attention. Rice and Licensee shall consult one another in a timely manner concerning any appropriate response thereto.
Infringement and Litigation. 9.1 LICENSEE shall have the sole obligation to defend the LICENSED PATENTS against infringement or interference by other parties in any country in which a LICENSED PATENT is in effect hereunder, including by bringing any legal action for infringement or defending any counterclaim of invalidity or action of a third party for declaratory judgment of non-infringement or interference. LICENSEE may settle any such actions solely at its own expense and through counsel of its selection; provided, however, that YALE shall be entitled in each instance to participate through counsel of its selection and at its own expense. YALE shall have no obligation or responsibility with respect to any such actions unless legally required to participate, except to provide reasonable assistance to LICENSEE as requested, and LICENSEE shall reimburse YALE for YALE's out-of-pocket expenses in connection with any such requested assistance. LICENSEE shall bear the expenses of such actions and shall obtain all benefits in the recoveries, if any, whether by judgment, award, decree or settlement, the excess of such recoveries over such expenses shall be included in LICENSEE's NET SALES. In the event LICENSEE fails to initiate and pursue or participate in such legal action, YALE shall have the right to initiate legal action to uphold the LICENSED PATENTS against third parties in any country in which a LICENSED PATENT is in effect. LICENSEE shall have no legal or contractual obligation to YALE for its failure to initiate or participate in any such legal action, except that YALE may terminate in such a country any then existing exclusive license granted to LICENSEE hereunder.
Infringement and Litigation. 7.1 PENN and COMPANY are responsible for notifying each other promptly of any known or suspected infringement of PENN PATENT RIGHTS, which may come to their attention after the EFFECTIVE DATE. PENN and COMPANY shall consult one another in a timely manner concerning an appropriate response to the infringement.
Infringement and Litigation. 8.1 Both PENN and LICENSEE are responsible for notifying the other of any infringement of PENN PATENT RIGHTS or JOINT PATENT RIGHTS which may come to their attention. PENN and LICENSEE shall consult concerning any suspected infringement in an effort to agree upon terms and conditions for instigation and maintenance of litigation activities or forbearance from same.
Infringement and Litigation. 11.1 INO and VGXI are responsible for notifying each other promptly of any known or suspected infringement of INO PATENT RIGHTS, which may come to their attention after the EFFECTIVE DATE. INO and VGXI shall consult one another in a timely manner concerning an appropriate response to the infringement.
Infringement and Litigation. 10.1 Licensor and Licensee are responsible for notifying each other promptly of any infringement of Patent Rights that may come to their attention and actual or threatened claims by third parties against the Patent Rights. The parties shall consult with one another in a timely manner concerning any appropriate response thereto.
Infringement and Litigation. 8.1 Penn and Targeted are responsible for notifying each other promptly of any infringement of Penn Patent Rights which may come to their attention, including notice to the other of any certification filed under the United States “Drug Price Competition and Patent Term Restoration Act of 1984”. Penn and Targeted shall consult one another in a timely manner concerning any appropriate response thereto.
Infringement and Litigation. (a) CGI shall have the option to defend the Licensed Names against infringement or interference by other parties, including bringing any action of infringement or defending any counterclaim of invalidity or action of a third party for declaratory judgment of non-infringement or interference, and may settle any such actions solely at its own expense and through counsel of its selection. PDK must approve any settlement that adversely affects the validity of any of the Licensed Trade Names. Approval shall not be unreasonably withheld.
