Common use of Enforcement of Patents Clause in Contracts

Enforcement of Patents. 7.1 INVITROGEN shall advise ROCHE promptly, and shall furnish documentary proof which is reasonably acceptable to ROCHE, upon its becoming aware of substantial infringement by a third party or parties of an enforceable patent right (1) within POLYMERASE PATENT RIGHTS by the sale of "Significant Quantities" of unlicensed stand-alone enzymes in any country in the TERRITORY, or (2) within AMPLIFICATION PATENT RIGHTS by the sale of "Significant Quantities" of enzymes not within POLYMERASE PATENT RIGHTS but which enzymes are actively promoted by said third party or parties or their AFFILIATES or distributors for use in AMPLIFICATION PATENT RIGHTS in any country in Enzyme/PCR Research Products 20 v.2061097 the TERRITORY. Upon receipt of said written information, ROCHE agrees it shall, within its reasonable business judgment, take such action as is required to restrain such infringement. ROCHE shall be in full compliance with its obligations under this Section 7.1 if, within six (6) months of ROCHE having received said written information from INVITROGEN about any one infringing party in a particular country, (1) ROCHE notifies each third party identified by such acceptable documentary proof of ROCHE's enforceable proprietary position in the country where infringement is occurring and receives from such third parties written assurances, which shall be executed by an officer of each said third party capable of legally binding that party, that it is not infringing ROCHE's rights, or (2) said infringement has stopped, or (3) ROCHE has entered into good faith license negotiations with such third parties, or (4) ROCHE has instituted or is prosecuting an action for patent infringement against at least one infringing third party seller which is active in said country. The above six-month period may be extended with the consent of INVITROGEN. It is agreed and understood that nothing in this Section 7.1 or this Agreement shall require ROCHE to xxx more than one party at a time or to xxx in more than one country at any one time.

Enforcement of Patents. 7.1 INVITROGEN SCS shall advise ROCHE promptly, and shall furnish documentary proof which is reasonably acceptable to ROCHE, upon its becoming aware of substantial infringement by a third party or parties of an enforceable patent right within (1) within POLYMERASE TAQ PATENT RIGHTS by the sale of "Significant Quantities" of unlicensed stand-alone enzymes in any country in the TERRITORY, or (2) within AMPLIFICATION PATENT RIGHTS by the sale of "Significant Quantities" of enzymes an enzyme not within POLYMERASE TAQ PATENT RIGHTS but which enzymes are enzyme is actively promoted or supported by said third party or parties or their AFFILIATES affiliates or distributors for use in AMPLIFICATION PATENT RIGHTS in any country in Enzyme/PCR Research Products 20 v.2061097 the TERRITORY. Upon receipt of said written information, ROCHE agrees it shall, within its reasonable business judgment, take such action as is required to restrain such infringement. ROCHE shall be in full compliance with its obligations under this Section 7.1 if, within six (6) months of ROCHE having received said written information from INVITROGEN SCS about any one infringing party in a particular country, (1) ROCHE notifies each third party identified by such acceptable documentary proof of ROCHE's enforceable proprietary position in the country where infringement is occurring and receives from such third parties written assurancesassurance, which shall be executed by an officer of each said third party capable of legally binding that party, that it is not infringing ROCHE's rights, or (2) said infringement has stopped, or (3) ROCHE has entered into good faith license negotiations with such third parties, or (4) ROCHE has instituted or is prosecuting an action for patent infringement against at least one infringing third party seller which is active sells in said country. The above six-month period may be extended with the written consent of INVITROGENSCS. It is agreed and understood that that, in accordance with the foregoing, nothing in this Section 7.1 or this Agreement shall require ROCHE to xxx sue more than one party at a time or to xxx sue in more than one country at xx any one time.

Enforcement of Patents. 7.1 INVITROGEN SCS shall advise ROCHE promptly, and shall furnish documentary proof which is reasonably acceptable to ROCHE, upon its becoming aware of substantial infringement by a third party or parties of an enforceable patent right within (1) within POLYMERASE TAQ PATENT RIGHTS by the sale of "Significant Quantities" of unlicensed stand-alone enzymes in any country in the TERRITORY, or (2) within AMPLIFICATION PATENT RIGHTS by the sale of "Significant Quantities" of enzymes an enzyme not within POLYMERASE TAQ PATENT RIGHTS but which enzymes are enzyme is actively promoted or supported by said third party or parties or their AFFILIATES affiliates or distributors for use in AMPLIFICATION PATENT RIGHTS in any country in Enzyme/PCR Research Products 20 v.2061097 the TERRITORY. Upon receipt of said written information, ROCHE agrees it shall, within its reasonable business judgment, take such action as is required to restrain such infringement. ROCHE shall be in full compliance with its obligations under this Section 7.1 if, within six (6) months of ROCHE having received said written information from INVITROGEN SCS about any one infringing party in a particular country, (1) ROCHE notifies each third party identified by such acceptable documentary proof of ROCHE's enforceable proprietary position in the country where infringement is occurring and receives from such third parties written assurancesassurance, which shall be executed by an officer of each said third party capable of legally binding that party, that it is not infringing ROCHE's rights, or (2) said infringement has stopped, or (3) ROCHE has entered into good faith license negotiations with such third parties, or (4) ROCHE has instituted or is prosecuting an action for patent infringement against at least one infringing third party seller which is active in said country. The above six-month period may be extended with the consent of INVITROGEN. It is agreed and understood that nothing in this Section 7.1 or this Agreement shall require ROCHE to xxx more than one party at a time or to xxx in more than one country at any one time.party