Patent Litigation. 7.1 MONSANTO shall have power to institute and prosecute at its own discretion and expense suits for infringement of the LICENSED PATENT RIGHTS. All expenses in such suits will be borne entirely by MONSANTO, and MONSANTO shall retain all judgements or awards arising from these suits.
Patent Litigation. Neither FibroGen nor its Affiliates will initiate or maintain any patent enforcement proceeding or litigation with respect to any Designated Product unless it has a good faith basis for doing so.
Patent Litigation. See Section 5.04(b)(ix).
Patent Litigation. Licensee has no right under this Agreement to (a) institute any action or suit for infringement of any of the Licensed Patent Rights or (b) be party to or defend any action or suit brought by any third party challenging the validity, enforceability, or scope of any of the Licensed Patent Rights.
Patent Litigation. The term “Patent Litigation” means the matters entitled Rambus Inc. v. Samsung Electronics Co., Ltd., et al., No. C-05-02298 (N.D. Cal. Filed June 6, 2005) and Rambus Inc. v. Hynix Semiconductor Inc., et al., No. C-05-00334 (N.D. Cal. Filed Jan. 25, 2005).
Patent Litigation. 15.1 Promptly following the Effective Date, the Parties shall enter into a joint defense agreement mutually acceptable to both Parties containing customary terms and conditions for the purpose of, among other things, preserving confidentiality and any applicable privilege attaching to information and data exchanged by the Parties under and pursuant to this Agreement.
Patent Litigation. The term “Patent Litigation” means the matters entitled Micron Technology, Inc. x. Xxxxxx Inc., No. 00-792 (D. Del. Filed Aug. 28, 2000) and Rambus Inc. v. Micron Technology, Inc., et al., No. C-06-00244 (N.D. Cal. Filed Jan. 13, 2006), and any appeals therefrom and related proceedings, including specifically the appeal in Micron Technology, Inc. x. Xxxxxx, Inc., Federal Circuit No. 13-1294 (“Delaware Appeal”).
Patent Litigation. Right to Bring Suit Each party shall have the sole power to institute and prosecute at its own discretion and expense suits for infringement of their respective patent rights, provided that if Monsanto does not bring suit against a party who is alleged to be infringing any Gene Patent Right through the sale of a Paradigm Licensed Product within sixty (60) days of a request from Paradigm to bring such suit, then Paradigm may bring such suit in its own name or in the name of Monsanto. Each party agrees to cooperate with the other in any suit brought under this Article. All expenses in such suits will be borne entirely by the party bringing such suit and such party shall collect all judgments or awards arising from these suits. In the event a judgment or award is collected by the party bringing the suit, then the party not bringing the suit shall be entitled to any royalties or shares of Product Sublicense Payments which they would otherwise have been entitled to from the sale of Licensed Products by the infringer.
Patent Litigation. 12.1 In the event of the institution of any suit by a Third Party against HMR, Matrix and/or its Sublicensee for patent infringement involving the manufacture, use, sale, distribution or marketing of Compound or Product anywhere in the Territory, the party sued shall promptly notify the other party in writing. Matrix shall have the right but not the obligation to defend such suit at its own expense. HMR and Matrix shall assist one another and cooperate in any such litigation at the other's request without expense to the requesting party.
