Patent Enforcement and Defense. The rights and obligations of each Party with respect to the enforcement and defense of a given Patent (including settling related claims, suits or actions) shall be the same as the rights and obligations of such Party with respect to the Prosecution and Maintenance of such Patent mutatis mutandis. In the event that a Party takes action to enforce or defend a given Patent, the other Party, at the acting Party’s expense, shall provide all reasonable assistance and cooperation, including, by way of example, being joined as a party to the action or transferring ownership of such Patent to the acting Party, providing any necessary powers of attorney and executing any other required documents or instruments for such purposes.
Patent Enforcement and Defense. The rights and obligations of each Party with respect to the enforcement and defense of a given Patent for a Collaboration Invention (including settling related claims, suits or actions) shall be the same as the rights and obligations of such Party with respect to the Prosecution and Maintenance of such Patent under Section 6.3 mutatis mutandis. In the event that a Party takes action to enforce or defend a given Patent for a Collaboration Invention, the other Party, at the acting Party’s expense, shall provide all reasonable assistance and cooperation, including, by way of example, being joined as a party to the action, providing any necessary powers of attorney and executing any other required documents or instruments for such purposes.
Patent Enforcement and Defense. 7(a) If Sherwood obtains notice or knowledge that a third party is infringing or misappropriating any patent, trademark, copyright or other proprietary rights with respect to the Licensed Patent Rights, the Movern Patent, the Licensed Invention or the Licensed Products, Sherwood shall promptly notify Licensor of such infringement or misappropriation. Sherwood agrees to cooperate with Licensor in the conduct of any litigation which Licensor or its licensors may elect to undertake with respect to such infringement or misappropriation. Sherwood shall have the right but not the obligation to be represented in such litigation by its own counsel at its own cost and expense.
Patent Enforcement and Defense. ZGI shall have sole and exclusive ------------------------------ responsibility for defending and enforcing all ZGI Patents, including but not limited to: sending cease and desist letters; initiating and participating in interference proceedings, protest proceedings, reissue proceedings, re- examination proceedings, and lawsuits; defending declaratory judgment proceedings; and settling disputes with third parties. ZGI shall be solely responsible for the costs associated with such defense and enforcement and shall retain all damages and monies awarded as a result of such efforts. Likewise, NN shall have sole and exclusive responsibility for defending and enforcing all NN Patents, including but not limited to: sending cease and desist letters; initiating and participating in interference proceedings, protest proceedings, reissue proceedings, re-examination proceedings, and lawsuits; defending declaratory judgment proceedings; and settling disputes with third parties. NN shall be solely responsible for the costs associated with such defense and enforcement and shall retain all damages and monies awarded as a result of such efforts. Notwithstanding the foregoing, the licensor of a Commercialization License granted pursuant to ARTICLE 4 of this Agreement shall have the first right, but not the obligation, to defend and enforce the ZGI Patents or NN Patents so licensed. In that event the licensee shall cooperate with the licensor at the expense of the licensor, and the licensor shall retain all damages and monies awarded as a result of such efforts. If the licensor elects not to defend or enforce the licensed ZGI Patents or NN Patents, the licensee shall have the right, but not the obligation, to so defend or enforce.
Patent Enforcement and Defense. Enforcement and defense of Company Patents and Joint Patents shall be governed by the provisions of appended Schedule 5.
Patent Enforcement and Defense. 5.2.1. Each Party shall notify the other Party of any infringement of any of the Patent Rights by a third party in the Field which becomes known to such Party, and of any claim of infringement by a third party that the activities of a Party infringe patent rights of such third party.
Patent Enforcement and Defense. (a) Each Party shall notify the other within fifteen (15) Business Days of becoming aware of any alleged or threatened infringement by a Third Party of any of the MyoKardia Licensed Patents or Sanofi Licensed Patents or Joint Program Patents, including (i) any such alleged or threatened infringement on account of a Third Party’s manufacture, use or sale of a Product in the Field or (ii) any “patent certification” filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Regulatory Approval under Applicable Law in any country other than the United States) or other MAA for a Product in the Field and (iii) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing a Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the MyoKardia Licensed Patents, Joint Program Patents or Sanofi Licensed Patents ((i)-(iii), collectively, “Product Infringement”).
Patent Enforcement and Defense. (a) Each Party shall give the other Party notice of any known or suspected infringement by a Third Party (an “Alleged Infringer”) in a particular country of any Galaxy Patent or Joint Patent (“Patent Infringement”) within *** Business Days after such Patent Infringement comes to such Party’s attention.
Patent Enforcement and Defense. (a) Each Party shall promptly notify the other Party (but in any case no later than [***] after becoming aware) of any alleged or threatened infringement by a Third Party of any of the RevMed Licensed Patents or Joint Program Patents, and RevMed shall promptly notify Sanofi (but in any case no later than [***] after becoming aware) of any alleged or threatened infringement by a Third Party of any of the Sanofi Sole Program Patents, in each case including (i) any such alleged or threatened infringement on account of a Third Party’s manufacture, use or sale of a Product in the Field or (ii) any “patent certification” filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Regulatory Approval under Applicable Law in any country other than the United States) or other MAA for a Product in the Field and (iii) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing a Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the RevMed Licensed Patents, Joint Program Patents or Sanofi Sole Program Patents ((i)-(iii), collectively, “Product Infringement”).
Patent Enforcement and Defense. (a) Each Party will promptly notify the other Party of any infringement, misappropriation, or other violation by a Third Party of any of the MPAG Products Patents, the MPAG Products Know-How, or any Joint IP, New Manufacturing IP or Option Period Manufacturing IP in the Field in the Territory of which it becomes aware, including any “patent certification” filed in the United States under 42 U.S.C. §262(i)(2) or §262(k) or similar provisions in other jurisdictions and of any request for declaratory judgment, opposition, nullity action, interference, inter-partes reexamination, inter-partes review, post-grant review, derivation proceeding, or similar action alleging the invalidity, unenforceability or non-infringement of any of the MPAG Products Patents or Patent Rights included in the Joint IP, New Manufacturing IP or Option Period Manufacturing IP (collectively “Third Party Infringement”).
