Common use of Infringement of Patent Rights Clause in Contracts

Infringement of Patent Rights. Licensee shall have the first right (but not the obligation), at its own expense and with legal counsel of its own choice, to bring suit (or take other appropriate legal action) against any actual, alleged or threatened infringement of the Licensed Patent Rights. Licensor shall have the right, at its own expense, to be represented in any such action by Licensee by counsel of Licensor’s own choice; provided, however, that under no circumstances shall the foregoing affect the right of Licensee to control the suit as described in the first sentence of this Section 5.4. If Licensee does not file any action or proceeding against a material infringement within six (6) months after the later of (a) Licensor’s notice to Licensee under Section 5.3 above or (b) Licensee’s notice to Licensor under Section 5.3 above, then Licensor shall have the right (but not the obligation), at its own expense, to bring suit (or take other appropriate legal action) against such actual, alleged or threatened infringement, with legal counsel of its own choice, but shall not be permitted to settle any such suit without the prior consent of Licensee, which consent shall not be unreasonably withheld. Any damages, monetary awards or other amounts recovered, whether by judgment or settlement, pursuant to any suit, proceeding or other legal action taken under this Section 5.4, shall applied as follows:

Infringement of Patent Rights. Licensee Biogen Idec shall have the first right (but not the obligation), at its own expense and with legal counsel of its own choice, to bring suit (or take other appropriate legal action) against any actual, alleged or threatened infringement of the Licensed Patent RightsRights in the Licensed Field. Licensor Amorfix shall have the right, at its own expense, to be represented in any such action by Licensee by counsel of Licensor’s Amorfix's own choice; provided, however, that under no circumstances shall the foregoing affect the right of Licensee Biogen Idec to control the suit as described in the first sentence of this Section 5.46.4. If Licensee Biogen Idec does not file any action or proceeding against a any such material infringement within six (6) months after the later of (ai) Licensor’s either Party's notice to Licensee the other under Section 5.3 above 6.3 above, or (bii) Licensee’s notice a written request from Amorfix to Licensor under Section 5.3 abovetake action with respect to such infringement, then Licensor Amorfix shall have the right (but not the obligation), at its own expense, to bring suit (or take other appropriate legal action) against such actual, alleged or threatened infringement, with legal counsel of its own choice, but shall not be permitted to settle any such suit without the prior consent of LicenseeBiogen Idec, which consent shall not be unreasonably withheld. Any damages, monetary awards or other amounts recovered, whether by judgment or settlement, pursuant to any suit, proceeding or other legal action taken under this Section 5.46.4, shall applied as follows:

Infringement of Patent Rights. Licensee Licensor shall have the first right (but not the obligation), at its his own expense and with legal counsel of its i own choice, to bring suit (or take other appropriate legal action) against any actual, alleged or threatened infringement of the Licensed Patent RightsRights in the Licensed Field. Licensor Licensee shall have the right, at its own expense, to be represented in any such action by Licensee Licensor by counsel of LicensorLicensee’s own choice; provided, however, that under no circumstances shall the foregoing affect the right of Licensee Licensor to control the suit as described in the first sentence of this Section 5.46.3. If Licensee Licensor does not file any action or proceeding against a material such infringement within six (6) months after the later of (ai) Licensor’s notice to Licensee under Section 5.3 above or 6.2 above, (bii) Licensee’s notice to Licensor under Section 5.3 6.2 above, or (iii) a written request from Licensee to take action with respect to such infringement, then Licensor Licensee shall have the right (but not the obligation), at its own expense, to bring suit (or take other appropriate legal action) against such actual, alleged or threatened infringement, with legal counsel of its own choice, but shall not be permitted to settle any such suit without the prior consent of LicenseeLicensor, which consent shall not be unreasonably withheld. Any damages, monetary awards or other amounts recovered, whether by judgment or settlement, pursuant to any suit, proceeding or other legal action taken under this Section 5.46.3, shall applied as follows: