Enforcement of Joint Patents. As between the Parties, [***] shall have the first right, but not the obligation, to manage any claim, suit or proceeding against any Infringement (including removing or defending against any Infringement) by the Exploitation of any Competing Product with respect to Joint Patents, including as a defense or counterclaim in connection with any Third Party Infringement Claim, at [***] sole cost and expense, using counsel of its own choice.
Enforcement of Joint Patents in […***…]. As between Dimension and Bayer, the Parties agree as follows:
Enforcement of Joint Patents. (i) If a Party becomes aware of any actual or suspected infringement or unauthorized use by a Third Party of any Collaboration IP, then such Party shall promptly notify the other Party in writing of all the relevant facts and circumstances in connection with such infringement or unauthorized use known to that Party and shall provide the other Party with all available evidence supporting such infringement or unauthorized use.
Enforcement of Joint Patents. In the event that management or in-house counsel for either Party becomes aware of a suspected infringement of a Patent that claims a Joint Invention but is not subject to the enforcement rights specified in Sections 11.1(a) or 11.1(b) (for purposes of this Section 11.1(c) only, an “Other Joint Patent”), such Party shall notify the other Party promptly, and following such notification, the Parties shall confer. Each Party shall provide the same level of disclosure to its in-house counsel concerning suspected infringement of an Other Joint Patent as such Party would provide with respect to suspected infringement of its own issued Strategic Alliance and Collaboration Agreement Patent or an exclusively licensed issued Patent claiming a product it is developing or commercializing independent of this Agreement. The Parties shall jointly prosecute any such infringement, and shall share equally the expenses thereto, unless one Party elects not to enforce, and then the other Party shall have the right, but shall not be obligated, to prosecute an infringement action at its own expense, in its own name and entirely under its own direction and control, subject to Section 11.1(d). The non-enforcing Party shall reasonably assist the enforcing Party (at the enforcing Party’s expense) in such actions or proceedings if so requested, and shall lend its name to such actions or proceedings if requested by the enforcing Party or required by law, and the enforcing Party shall hold the non-enforcing Party harmless from any liability incurred by the non-enforcing Party arising out of any such proceedings or actions. The non-enforcing Party shall have the right to participate and be represented in any such suit by its own counsel at its own expense. No settlement of any such action or defense which restricts the scope or affects the enforceability of an Other Joint Patent may be entered into by the enforcing Party without the prior consent of the non-enforcing Party (such consent to not be unreasonably withheld, delayed or conditioned).
Enforcement of Joint Patents. In the event that management or in-house counsel for either Party becomes aware of a suspected infringement of any Patent claiming a Joint Invention, such Party shall notify the other Party promptly. Following such notification, the Parties shall confer and determine the rights and obligations of the Parties to bring an infringement action with respect to such Patent or to defend validity proceedings regarding such Patent.
Enforcement of Joint Patents. If either Party becomes aware of any actual, threatened, or suspected infringement or other violation by a Third Party of any Joint Patent (an “Infringement”), it shall promptly notify the other Party after becoming aware of such Infringement including providing all available evidence and details available concerning said Infringement. The Parties shall thereafter consult and cooperate fully to determine a course of action, including the commencement of legal action to terminate any such Infringement; provided however, that neither Party may take any action with respect to such potential Infringement without the other Party’s prior written consent. In addition, within [***] of the filing of a patent application for a Joint Patent, the Parties will negotiate in good faith on the terms for managing any litigation involving such Joint Patent.
Enforcement of Joint Patents. Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of the Joint Patents of which such Party becomes aware. Catheter Robotics shall have the first right, but not the obligation, to prosecute any such infringement and Catheter Robotics shall retain control of the prosecution of such claim, suit or proceeding. In the event Catheter Robotics prosecutes any such infringement, Peacs shall have the right to join as a party to such claim, suit or proceeding in the Territory and participate with its own counsel at its own expense; provided that Catheter Robotics shall retain control of the prosecution of such claim, suit or proceeding. If Catheter Robotics does not take commercially reasonable steps to prosecute the alleged or threatened infringement with respect to such Joint Patents (i) within ninety (90) days following the first notice provided above with respect to such alleged infringement, or (ii) provided such date occurs after the first such notice of infringement is provided, ten (10) business days before the time limit, if any, set forth in appropriate laws and regulations for filing of such actions, whichever comes first, then Peacs may prosecute the alleged or threatened infringement at its own expense.
Enforcement of Joint Patents. Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of the Joint Patents by a Third Party in the Territory of which such Party becomes aware (including alleged or threatened infringement based on the development, commercialization or Exploitation of, or an application to register or market, a product containing a Licensed Compound or any Licensed Product in the Territory). AbbVie shall have the first right, but not the obligation, to prosecute any such infringement in the Territory at its sole expense and AbbVie shall retain control of the prosecution of such claim, suit or proceeding. In the event AbbVie prosecutes any such infringement, Licensor shall have the right to join as a party to such claim, suit or proceeding in the Territory and participate with its own counsel at its own expense; provided that AbbVie shall retain control of the prosecution of such claim, suit or proceeding. During any such claim, suit or proceeding, AbbVie shall (a) [†]; (b) [†]; and (c) [†]. If AbbVie [†], then Licensor [†].
Enforcement of Joint Patents. 7.3.5 (Recovery) (solely to the extent such provision relates to Joint Patents), 7.5.2 (Joint Patents), 7.5.3 (Cooperation) (solely to the extent such provision relates to Joint Patents), 7.11 (Common Interest), 10.3 (Disclaimer of Warranties), 12.5 (Rights in Bankruptcy), 12.8 (Termination in Entirety), 12.9 (Termination of Terminated Territory), 12.10 (Remedies), 12.11 (Accrued Rights; Surviving Obligations) and ARTICLE 1 (Definitions), ARTICLE 8 (Data Privacy and Security), ARTICLE 9 (Confidentiality and Non-Disclosure), ARTICLE 11 (Indemnity) and ARTICLE 13 (Miscellaneous) shall survive the termination or expiration of this Agreement for any reason. If this Agreement is terminated with respect to a country, other jurisdiction or a Terminated Territory but not in its entirety, then following such termination, the foregoing provisions of this Agreement shall remain in effect with respect to such country, other jurisdiction or Terminated Territory, as applicable, (to the extent they would survive and apply in the event the Agreement expires or is terminated in its entirety) and all provisions not surviving in accordance with the foregoing shall terminate upon termination of this Agreement with respect to such country, other jurisdiction or Terminated Territory and be of no further force and effect (and, for purposes of clarity, all provisions of this Agreement shall remain in effect with respect to all countries in the Territory other than such country, other jurisdiction or Terminated Territory).
Enforcement of Joint Patents. With respect to Joint Patents, Wugen shall have the first right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in, or to defend against, such Product Infringement, at Wugen’s cost and expense. Wugen shall not settle any such suit or action in any manner that would reasonably be expected to create an HCW Impact Situation anywhere in the Territory without the prior written consent of HCW. If Wugen does not, within [***] after its receipt or delivery of notice under Section 8.5(a), commence a suit to enforce the Joint Patents, take other action to terminate such Product Infringement or initiate a defense against such Product Infringement, then upon Wugen’s prior written consent, which shall not be unreasonably withheld or delayed, HCW shall have the right, but not the obligation, to commence such a suit or take such an action or defend against such Product Infringement in the Territory at its own cost and expense. In such event, Wugen shall take appropriate actions in order to enable HCW to commence a suit or take the actions set forth in the preceding sentence. HCW shall not settle any such suit or action in any manner that would reasonably be expected to create a Wugen Impact Situation anywhere in the Territory without the prior written consent of Wugen.
