IP Action definition
Examples of IP Action in a sentence
If XDx does not take action in the prosecution, defence, prevention, or termination of any IP Action pursuant to clause 16.2 above, and has not commenced negotiations with the other party for the discontinuance of said IP Action, within ninety (90) days after receipt of notice to XDx by Diaxonhit of the existence of an IP Action, Diaxonhit may elect to do so.
Should Diaxonhit elect to commence or defend legal proceedings in respect of the IP Action and XDx is joined as party in any such legal proceedings, XDx shall have the right to approve the counsel selected by Diaxonhit to represent the Parties, such approval not to be unreasonably withheld or delayed.
Licensor shall keep the Licensee reasonably informed of all material developments in connection with any Third Party IP Action.
Should XDx elect to commence or defend legal proceedings in respect of the IP Action and Diaxonhit is joined as party in any such proceedings, Diaxonhit shall have the right to approve the counsel selected by XDx to represent the parties, such approval not to be unreasonably withheld.
XDx shall have the right, but not the obligation, to take action in the prosecution, defence, prevention, or termination of any IP Action.
A Reseller Indemnified Party will have the right to participate at its own expense in an IP Action or related settlement negotiations using counsel of its own choice.
The Enforcing Party shall keep the Non-Enforcing Party reasonably informed of any determinations or significant developments in any IP Action initiated by it pursuant to this Section 3.6 and, if the Non-Enforcing Party is SpinCo, then the Parent shall reasonably consult with the SpinCo and take into consideration input provided to Parent by SpinCo to the extent reasonable and provided in a timely manner.
Company shall not settle an IP Action with an admission of liability of a Reseller Indemnified Party without the prior written approval of that party.
Each party shall bear 50% of the expense of the defence of a Third Party IP Action.
Without Arena being relieved of any of its obligations hereunder, the requirements of clause (ii) include obtaining an express assumption by an assignee of obligations to join any Product IP Action as a party plaintiff and provide all reasonable assistance and cooperation in any Product IP Action.