Common use of Declaratory Judgment Action Clause in Contracts

Declaratory Judgment Action. In the event a third Party brings an action to obtain a declaration of patent invalidity against Luitpold, BMPI and/or one or more Licensed Patents, BMPI (or its Licensors) shall have the right to defend such action at its own cost and expense, and to control any ensuing litigation. In the event a competitor is successful in lawfully marketing a Licensed Product during the term of this Agreement, Luitpold's obligation to pay royalties shall persist in accordance solely with the royalty reduction as set forth in Section 4.3.

Declaratory Judgment Action. In the event a third Party brings an action to obtain a declaration of patent invalidity against Luitpold, BMPI BMTI and/or one or more Licensed Patents, BMPI BMTI (or its Licensors) shall have the right to defend such action at its own cost and expense, and to control any ensuing litigation. In the event a competitor is successful in lawfully marketing a Licensed Product during the term of this Agreement, Luitpold's ’s obligation to pay royalties shall persist in accordance solely with the royalty reduction as set forth in Section 4.34.4 of this Agreement.