Licensor’s Enforcement Rights. If Licensee does not file suit within six (6) months after a written request by Licensor to initiate an infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement. If Licensor pursues such infringement action, Licensor may, as part of the resolution of such efforts, grant non-exclusive license rights to the alleged infringer notwithstanding Licensee’s exclusive license rights.
Licensor’s Enforcement Rights. Licensor has the first right to institute any suit to enforce the Patent Rights. Licensor may name Licensee as a party plaintiff. If Licensor decides to institute suit, it will notify Licensee in writing; and Licensor shall confer with Licensee and give due consideration to Licensee’s input concerning any such suit.
Licensor’s Enforcement Rights. Licensor shall have the sole right to enforce the Intellectual Property Rights. Licensee will, at Licensor’s expense, reasonably cooperate with Licensor with respect to such enforcement.
Licensor’s Enforcement Rights. If Licensee does not file suit within six months after a written request by Licensor to initiate an infringement action or to defend against a declaratory judgment action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce or defend any Patent Right licensed hereunder against the infringing activities or declaratory judgment action, after written notice to the Licensee. If Licensor pursues such infringement action, Licensor will bear the entire cost of the litigation, and following reimbursement of any reasonable legal fees or other documented expenses incurred by the Licensee in cooperation with such action by Licensor, such cooperation having been requested by Licensor in writing, Licensor may retain the entire amount of any recovery or settlement.
Licensor’s Enforcement Rights. If Licensee does not file suit within [...***...] months after a written request by Licensor to initiate an infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement. This Section is subject to any rights of a Sublicensee to take proceedings instead of the Licensee and Licensor agrees not to take such action in circumstances where Licensee can reasonably demonstrate to Licensor and Licensor agrees that there is a commercial reason for the Licensee not to file suit against an infringer (for example, so as not to risk a validity challenge to the relevant Patent Right).
Licensor’s Enforcement Rights. Licensor may institute an infringement suit for infringement in the Field only should Licensee fail to initiate a suit or other action reasonably intended to xxxxx infringement within one hundred and eighty days of the notice given under Section 9.1 above. In such case, Licensor will keep Licensee reasonably informed of the developments and status of the suit. Licensor will obtain Licensee’s input and approval on any substantive positions taken in the suit regarding the scope, validity and enforceability of the Patent Rights. Licensor shall not prosecute, settle or otherwise compromise any such suit in a manner that adversely affects Licensee’s interests without Licensee’s prior written consent.
Licensor’s Enforcement Rights. If Licensee does not file suit within [***] after a written request by Licensor to initiate an infringement action or earlier if Licensee provides written notice to Licensor that Licensee will not initiate infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement.
Licensor’s Enforcement Rights. If Licensee does not file suit within six months after a written request by Licensor to initiate an infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement. If Licensor pursues such infringement action, Licensor may, as part of the resolution of such efforts, grant non-exclusive license rights to the alleged infringer notwithstanding Licensee’s exclusive license rights. Licensee: Synthetic Biologics, Inc. CONFIDENTIAL Exclusive PLA Exhibit A
Licensor’s Enforcement Rights. In the event that this Agreement is terminated by Licensor for material breach by TranS1 and Licensor determines in its reasonable discretion that TranS1 failed prior to termination to take the appropriate course of action to enforce the Licensed Technology in the Territory or otherwise axxxx the infringement thereof, or to defend any declaratory judgments seeking to invalidate or hold the Licensed Patent Rights in the Territory unenforceable, Licensor shall thereafter have the right to bring and prosecute such suits at its cost and expense through attorneys of its selection, in its own name, and all sums received or recovered by Licensor in or by reason of such suits shall be retained by Licensor.
