Common use of Infringement Proceedings Clause in Contracts

Infringement Proceedings. Licensee agrees to notify Licensor in writing of any infringement of Said Patents by others as it comes to Licensee’s attention. Licensor, in its sole discretion, shall have the first right, but not obligation, to bring infringement and/or unfair competition proceedings involving Said Patents and recover any damages that may be rewarded. In the event Licensor brings an infringement and/or unfair competition proceedings involving Said Patents, Licensor may, for such purposes, request Licensee to join any such action or otherwise assist Licensor with such action, provided that all reasonable and documented costs and fees associated therewith shall be borne by Licensor. However, in the event that Licensor does not take action with respect to the unauthorized use of Said Patents within one hundred twenty (120) days of receiving notice of such unauthorized use, then Licensee, in its sole discretion, shall have the right to bring infringement and/or unfair competition proceedings involving Said Patents and recover any damages that may be rewarded.

Infringement Proceedings. Licensee agrees to notify Licensor in writing of any infringement unauthorized use of Said Patents Marks by others as it comes to Licensee’s attention. Licensor, in its sole discretion, shall have the first right, but not obligation, to bring infringement and/or unfair competition proceedings involving Said Patents Marks and recover any damages that may be rewarded. In the event Licensor brings an infringement and/or unfair competition proceedings involving Said PatentsMarks, Licensor may, for such purposes, request Licensee to join any such action or otherwise assist Licensor with such action, provided that all reasonable and documented costs and fees associated therewith shall be borne by Licensor. However, in the event that Licensor does not take action with respect to the unauthorized use of Said Patents Marks within one hundred twenty (120) days of receiving notice of such unauthorized use, then Licensee, in its sole discretion, shall have the right to bring infringement and/or unfair competition proceedings involving Said Patents Marks and recover any damages that may be rewarded.