Infringing Activities definition
Examples of Infringing Activities in a sentence
Any monetary damages, court-ordered third party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Competing Product Enforcement Action or Enforcement Action for Competing Infringing Activities shall be distributed to the Parties on a pro rata basis based upon the IP Costs paid by each Party in connection with such Enforcement Action.
In the event that any claim of infringement under clause (i) of this Section 11.2 is, or in Lexicon's judgment is likely to be, substantiated, Lexicon will use all commercially reasonable efforts to obtain a license from the applicable Third Party to permit the parties to continue to engage in the allegedly infringing activities (hereinafter the "Infringing Activities").
Transferee shall have the first right to attempt to ▇▇▇▇▇ Infringing Activities within the Territory, including by taking and controlling an Enforcement Action with respect to the Assigned IP and Joint Patents.
As between the Parties, the right to enforce such Company Patent or Joint Patent with respect to such infringement, or to defend any declaratory judgment action with respect thereto, or to compromise or settle such infringement claim or declaratory judgment action, in each case to the extent the same pertains to Infringing Activities (each, an “Enforcement Action”) shall be as set forth in this Section 2.
The Transferee, or a Transferee Assignee or Permitted Transferee, as applicable, shall have the first right to attempt to ▇▇▇▇▇ Infringing Activities within the Territory, including by taking and controlling an Enforcement Action with respect to Company Patents assigned to the Transferee hereunder and Joint Patents.
In the event that the Company becomes aware of any infringement by a third party of any of the IP or Marks (“Infringing Activities”), it shall promptly institute, prosecute and control any action or proceeding with respect to any such Infringing Activities, using counsel of its choice, including any declaratory judgment action arising from such infringement.
The activities or suspected activities of a third party as described in the immediately preceding sentence are called the “Infringing Activities,” and the third party to which any of the foregoing pertains is called the “Infringer.” As soon as possible thereafter, the parties must convene a meeting (either in person or by other teleconference or videoconference) at which the party with knowledge of the Infringing Activities must present its prima facie evidence of Infringing Activities by the Infringer.
For clarity, Company shall retain the exclusive right, at its sole expense and discretion, to enforce the Licensed Patents against any other Infringing Activities in the Territory (i.e., other than with respect to an Infringing Product).
Ex. 2.1.3(c) Competing Activities 7.1.1 Competing Infringing Activities 10.6 Confidential Information 11.1 Controlling Party 10.3.3 Cooperating Party 11.5.2 Co-Promotion Notice 5.2 Co-Promotion Option 5.2 Co-Promotion Percentage 5.2.1 Co-Promotion Plan 5.2.2 (a) Co-Promotion Product 5.2 Core Countries 10.3.1 (a) Damages 10.5 Development Costs Fin.
Licensor shall have the right, in its sole discretion, to take whatever action, whether in the nature of legal proceedings or otherwise, it deems necessary to remedy or prevent Infringing Activities.