Prosecution of Infringers Clause Examples
The "Prosecution of Infringers" clause defines the rights and responsibilities of parties regarding the enforcement of intellectual property rights against third-party infringers. Typically, this clause specifies which party has the authority to initiate legal action, how costs and recoveries are handled, and the level of cooperation required from the other party. For example, it may allow the intellectual property owner to sue infringers directly or require the licensee to notify the owner of any suspected infringement. The core function of this clause is to ensure that infringements are addressed efficiently and that both parties understand their roles in protecting the intellectual property, thereby minimizing disputes and safeguarding the value of the rights granted.
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Prosecution of Infringers. (a) Upon giving or receiving notice of any alleged Third Party infringer, USL shall promptly, but in any event within the Applicable Period, advise Orion if it intends to initiate action with respect to the alleged infringer. If USL advises Orion that it does not desire to initiate such action, Orion may, but has no obligation to, do so. The “Applicable Period” shall, in the context of a Paragraph IV Certification by a Third Party, mean (a) a period of twenty-one (21) days after USL receives notice of the Third Party Paragraph IV certification, and (b) shall otherwise mean a period of thirty (30) days after giving or receiving notice under Section 14.1 of this Agreement of the alleged Third Party infringement.
(b) The party initiating the action will bear its expense, and the other party will cooperate, at the expense (with respect to out-of-pocket expenses only) of the party initiating the action.
Prosecution of Infringers. If LLC determines that a third party is infringing a claim of a patent in the Patent Rights by making, using or selling a product which competes with a LLC Array Chip then being sold by LLC, it shall notify Affymetrix thereof in writing. Such notice shall include information in LLC's possession relevant to such third party and the competing product. Affymetrix shall have ninety (90) days in which to either obtain the consent of such third party to discontinue such infringement or to exercise its right to bring an action to cause such infringement to cease. Affymetrix shall have no obligation to bring an action for infringement; provided however, if Affymetrix does not obtain the consent of such third party to cease infringement or does not bring suit against the third party under the patent, then LLC shall have the right to discontinue paying royalties under the effected patent for LLC Array Chips until either the third party discontinues its infringing activity or Affymetrix brings a lawsuit against the third party for such infringement.
Prosecution of Infringers. Should any Third Party infringe, or reasonably appear to be infringing the Trademark, USL may pursue Third Party, including (if necessary) bringing and directing in its own name, any legal or other action concerning the Trademark, including any settlement negotiation or proceeding with respect to such acts or infringements, at its own expense. Orion agrees, at USL’s expense, to render such reasonable assistance as may be requested by USL with respect to such actions and to consult with USL prior to any action being taken by Orion in that regard. Orion may be represented by counsel of its own selection at its own expense in any suit or proceeding brought to restrain or otherwise deal with such infringement by any Third Party, but may not independently initiate any such legal or other action without USL’s prior written consent. In the event that USL institutes any action against an infringer of any Trademark pursuant to this Section 12.4, it shall promptly notify Orion and keep Orion reasonably informed as to the developments of such suit.
Prosecution of Infringers. ABT and ABT/UK shall give each other written notice of any acts of infringement by third parties involving intellectual property rights relating to the Localized
Prosecution of Infringers. Subject to subsection (c), below, each Party shall have the sole right, in its absolute discretion, to pursue actions against infringers of its Patent Rights, or not to pursue such actions, or to abandon or settle any such action (except to the extent that any settlement would involve the grant of a license inconsistent with a grant of rights pursuant to this Agreement). Should a Party (the “Owning Party”) pursue such an action in the Field of the other Party (the “Licensed Party”), the Licensed Party will co-operate and allow the Owning Party to use its name in any such suit, to s▇▇ in its name or join it as a party to such suit if legally required provided that the Owning Party will indemnify and hold harmless the Licensed Party from any costs, damage or expenses incurred by the latter in respect of any such acts or co-operation. If the Owning Party recovers damages, by settlement or judgment or otherwise, then the amount recovered shall be divided as follows: (i) the reasonable and documented litigation expenses of the Owning Party shall be reimbursed, and (ii) the remainder shall be ***.
Prosecution of Infringers. Each party will promptly notify the other in writing if it becomes aware of any possible infringement of the patent or other proprietary rights of the other party related to this Agreement. Each party will be responsible for the prosecution or other action taken with respect to possible infringement of its patents or other rights.
Prosecution of Infringers. ABT and ABT/Nordic shall give each other written notice of any acts of alleged infringement by third parties involving intellectual property rights relating to the Software, Business Procedures, or ABT Brand anywhere in the Territory of which ABT or ABT/Nordic has knowledge, and the parties shall consult together with a view to determine the course of action, if any, to be taken in such circumstances. ABT will have the right to take action to enforce such rights. If the parties are unable to agree on any such course of action to be taken, ABT/Nordic may take such
Prosecution of Infringers. ABT/US and ABT/E shall give each other written notice of any acts of infringement by third parties involving intellectual property rights relating to the Localized Version, Extensions, Software, Documentation, Business Procedures, or ABT Marks anywhere in the Territory of which ABT/US or ABT/E has knowledge, and the parties shall consult together with a view to determine the course of action, if any, to be taken in such circumstances. ABT/US will have the right to take action to enforce such rights. If the parties are unable to agree on any such course of action to be taken, then ABT/US shall authorize ABT/E to take such actions as ABT/E considers necessary or appropriate and ABT/E will be entitled to take such actions at ABT/E's expense. Each party shall render to the other any assistance requested by the other in proceedings against an infringer within the Territory, at the other party's expense. Any damage that might be awarded will, after deduction of actual costs, be awarded to the party that undertakes legal action.
Prosecution of Infringers. Celltech and Pharmacia shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications for which it is responsible pursuant to this Article 10 and which adversely affects the Development or Commercialization of Collaboration Product in the Field, or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use or sale of a Collaboration Product in the Field or because of attempts to invalidate Pharmacia Patents or Celltech Owned Patents or Joint Patents in relation any Collaboration Product in the Field.
a) Subject to Subsections 10.10(b) and (c), each of Celltech and Pharmacia shall have the sole right, but not the obligation, to prosecute at its discretion and cost any and all infringements of the Patent Rights for which it is responsible pursuant to this Article 10, to defend all charges of non-infringement and challenges to validity of such patents, and to enter all settlements, judgments or other arrangements respecting the same (such Party being referred to as the “Responsible Party”).
b) As regards each discovered infringer of a Patent Right for which the Responsible Party is responsible pursuant to Subsection (a), if such Party does not bring suit against said infringer pursuant to Section 10.10(a), or has not commenced negotiations with said infringer for discontinuance of said infringement, as herein provided, within thirty (30) days after receipt of notice of such infringement pursuant to this Section 10.10, then the other Party shall have the right, but not the obligation, to bring suit for such infringement and to join the Responsible Party as a party plaintiff or to use the Responsible Party’s name if required by Law if the failure of the Responsible Party to exercise its rights pursuant to Section 10.10(a) will materially and adversely affect the Development or Commercialization of a Collaboration Product in the Field. If the Responsible Party has commenced legal action against or negotiations with an alleged infringer of the patent for discontinuance of such infringement within such 30-day period, but subsequently ceases to diligently pursue such action or negotiations, the other Party may bring suit for such infringement pursuant to this Section 10.10(b). The Responsible Party shall retain its right to initiate patent infringement litigation ...
Prosecution of Infringers. AUO shall give FDTC written notice of any acts of infringement or misappropriation by third parties involving any Licensed Patent or Licensed Technical Information anywhere in the world of which ▇▇▇ has or obtains knowledge. FDTC shall have the exclusive right to take action to enforce such rights. AUO shall render to FDTC such cooperation and assistance as FDTC may reasonably request in proceedings relating to any such infringement or misappropriation, at FDTC's expense. FDTC will be solely entitled to any and all damages that might be awarded as a result of any such proceeding or legal action.