Common use of Third Party Infringement Clause in Contracts

Third Party Infringement. (a) Each Party shall promptly give the other Party notice of, and share all available information in connection with, any actual or suspected infringement in the Territory of any patent included in the Titan Patent Rights and the Parties’ interests in Joint Inventions (collectively, the “Parties’ Patent Rights”), which comes to such Party’s attention. The Parties will thereafter consult and cooperate to determine a course of action, including the commencement of legal action by any Party.

Appears in 4 contracts

Samples: License Agreement (Braeburn Pharmaceuticals, Inc.), License Agreement (Braeburn Pharmaceuticals, Inc.), License Agreement (Titan Pharmaceuticals Inc)

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Third Party Infringement. (a) Each Party shall promptly give the other Party notice of, and share all available information in connection with, of any actual or suspected infringement in the Territory of any patent included in the Titan Indevus Patent Rights and the Parties’ interests in Joint Inventions (collectively, the “Parties’ Patent Rights”), which comes to such Party’s attention. The Parties will thereafter consult and cooperate to determine a course of action, including the commencement of legal action by any Party.

Appears in 2 contracts

Samples: Mutual Release Agreement (Indevus Pharmaceuticals Inc), Agreement and Plan of Merger (Allergan Inc)

Third Party Infringement. (a) Each Party shall promptly give the other Party notice of, and share all available information in connection with, of any actual or suspected infringement in the Territory of any patent included in the Titan Indevus Patent Rights Rights, Odyssey Patent Rights, and the Parties’ interests in Joint Inventions (collectively, the “Parties’ Patent Rights”), which comes to such Party’s attention. The Parties will thereafter consult and cooperate to determine a course of action, including including, without limitation, the commencement of legal action by any Party.

Appears in 1 contract

Samples: License, Commercialization and Supply Agreement (Indevus Pharmaceuticals Inc)

Third Party Infringement. (a) Each Party shall promptly give the other Party notice of, and share all available information in connection with, of any actual or suspected infringement by a Third Party in the Territory of any patent included in the Titan Indevus Patent Rights and the Parties’ interests in Joint Inventions or Teva Patent Rights (collectively, the “Parties’ Patent Rights”), which comes to such Party’s attention. The Parties will shall thereafter consult and cooperate to determine a course of action, including the commencement of legal action by any Partyaction.

Appears in 1 contract

Samples: Development, License and Commercialization Agreement (Indevus Pharmaceuticals Inc)

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Third Party Infringement. (a) Each Party shall promptly give the other Party notice of, and share all available information in connection with, of any actual or suspected infringement or impending infringement by a Third Party in the Territory of any patent included in the Titan OGX Patent Rights and the Parties’ interests in Joint Inventions or Teva Patent Rights (collectively, the “Parties’ Patent Rights” or each a “Party’s Patent Right”), which comes to such Party’s attention. The Parties will shall thereafter consult and cooperate to seek to determine a course of action, including if appropriate the commencement of legal action by any Partyaction.

Appears in 1 contract

Samples: Stock Purchase Agreement (Oncogenex Pharmaceuticals, Inc.)

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