Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringement”) by a Third Party with respect to any Licensed Technology within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.
Appears in 5 contracts
Samples: License Agreement (Medistem Inc.), License Agreement (Medistem Laboratories, Inc.), License Agreement (Medistem Laboratories, Inc.)
Patent Enforcement. (a) If either any Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Licensed Technology or any Trademark within the Territory, such Party shall promptly notify the other Party Parties and shall provide such other Party Parties with available evidence of such infringement.
Appears in 3 contracts
Samples: Distribution and Supply Agreement, Distribution and Supply Agreement (Imclone Systems Inc/De), Distribution and Supply Agreement (Imclone Systems Inc/De)
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Licensed Technology within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.
Appears in 3 contracts
Samples: License Agreement (Inspire Pharmaceuticals Inc), Development, License and Supply Agreement (Inspire Pharmaceuticals Inc), And Supply Agreement (Inspire Pharmaceuticals Inc)
Patent Enforcement. (a) If In the event either Party learns becomes aware of an infringement, unauthorized use, misappropriation or ownership claim any actual or threatened infringement or other such claim use of any Patent Rights (any of the foregoingcollectively, an “infringementInfringement”) by a Third Party with respect to any Licensed Technology within the Territory), such that Party shall promptly notify and provide full details to the other Party provided that neither Party shall be required to provide information if it would waive attorney client privilege or would be a breach of confidentiality obligations with a Third Party. The Parties will meet to discuss the appropriate course of action, and may collaborate in pursuing such course or action; provided that the owner of the Patent Rights shall provide such other Party have sole discretion with available evidence respect to enforcement of such infringementPatent Rights.
Appears in 2 contracts
Samples: Research Collaboration Agreement (Diversa Corp), Research Collaboration Agreement (Diversa Corp)
Patent Enforcement. (a) 8.8.1 If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringement”) by a Third Party with respect to any Licensed Technology the Product within the Territory, such Party shall promptly notify the other Party in writing and shall promptly provide such other Party with available evidence of such infringementInfringement.
Appears in 2 contracts
Samples: License, Development and Commercialization Agreement (Echo Therapeutics, Inc.), License, Development and Commercialization Agreement (Echo Therapeutics, Inc.)
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Licensed Technology within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement. In addition, Inspire shall notify Kissei when Inspire becomes aware of any infringement action involving the Product in any country outside the Territory in a timely manner.
Appears in 2 contracts
Samples: Supply Agreement (Inspire Pharmaceuticals Inc), Joint Development, License and Supply Agreement (Inspire Pharmaceuticals Inc)
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Licensed Technology Patents, Inventions or Know-How within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.
Appears in 1 contract
Samples: Pharmacogenomics Collaboration and License Agreement (Decode Genetics Inc)
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringementInfringement”) by a Third Party with respect to any Product or any of the Licensed Technology within the TerritoryPatents or Licensed Know-How, such Party shall promptly notify the other Party in writing and shall promptly provide such other Party with available evidence of such infringementInfringement.
Appears in 1 contract
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Inspire Licensed Technology within the Territory, or any Allergan Licensed Technology within the Restasis(TM) Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.
Appears in 1 contract
Samples: And Marketing Agreement (Inspire Pharmaceuticals Inc)
Patent Enforcement. (a) 7.3.1 If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringement”"Infringement") by a Third Party with respect to any Licensed Technology within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringementInfringement.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Decode Genetics Inc)
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Licensed Warp Technology within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.
Appears in 1 contract
Patent Enforcement. (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “"infringement”") by a Third Party with respect to any Licensed Technology within the Territory, such Party shall promptly notify the other Party in writing and shall promptly provide such other Party with available evidence of such infringement. In addition, Inspire shall promptly notify Genentech in writing when Inspire becomes aware of any infringement action involving any Product in any country outside the Territory.
Appears in 1 contract
Samples: Development, License and Supply Agreement (Inspire Pharmaceuticals Inc)
Patent Enforcement. (a) 6.7.1 If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringementInfringement”) by a Third Party with respect to any Licensed Technology Compound or Product within the Territory, such Party shall promptly notify the other Party in writing and shall promptly provide such other Party with available evidence of such infringementInfringement.
Appears in 1 contract
Samples: Collaboration and License Agreement (Pacira Pharmaceuticals, Inc.)
Patent Enforcement. (a) 9.4.1 If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringement”"Infringement") by a Third Party by reason of the use or sale of a product or compound (including a Generic Product) in any country in the Territory that is or reasonably could be directly substitutable with respect to any Licensed Technology within the Product being marketed and sold in such country in the Territory, such Party shall promptly within five (5) business days notify the other Party in writing and shall promptly provide such other Party with available evidence of such infringementInfringement.
Appears in 1 contract
