Enforcement of Licensed Patents. Each party shall promptly notify the other in writing of any alleged or threatened infringement of any Patent included in the Licensed Patents of which such party becomes aware.
Enforcement of Licensed Patents. If either Party determines that a Third Party is making, using or selling a product that may infringe any Licensed Patent, that Party shall notify the other Party in writing.
Enforcement of Licensed Patents. The Patent Owner shall have the sole right to enforce and defend any of its Intellectual Property Rights licensed hereunder, at its own expense. Notwithstanding the foregoing, each of the Parties shall inform the other Parties promptly in writing of any alleged infringement, misuse or misappropriation by any Person of any Intellectual Property Rights licensed hereunder that affects the Exploitation of HIV Products or other products licensed hereunder, and the Parties shall reasonably consult with each other with respect to the strategy to resolve the alleged infringement, misuse or misappropriation. In the event that a Patent Owner shall initiate an infringement action or defend an action in accordance with this Section, the other Parties shall fully cooperate and supply such assistance as reasonably requested by the Patent Owner; provided that no Party shall be obligated to provide such cooperation if, in its reasonable business judgment, such cooperation would be adverse to its interests outside this Agreement.
Enforcement of Licensed Patents. XXXX intends to protect the Licensed Patents against infringers or otherwise act to eliminate infringement, when, in XXXX‘s sole judgment, such action may be reasonably necessary, proper, and justified. In the event that Licensee believes there is infringement of any Licensed Patent under this Agreement which is to Licensee's substantial detriment, Licensee shall provide XXXX with notification and reasonable evidence of such infringement. XXXX shall have the sole and exclusive right to determine whether or not any action should be taken regarding any infringement of the Licensed Patents (at XXXX‘s cost and for XXXX‘s benefit), and such proceedings shall be under Portions of this exhibit were omitted and filed separately with the Secretary of the Securities and Exchange Commission pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such portions are marked by [****]. Exhibit 10.13 the exclusive control of XXXX. Upon request by XXXX, Licensee shall take action, join in an action, and otherwise provide XXXX with such assistance and information as may be useful to XXXX in connection with XXXX‘s taking such action (if the cause of action arose during the term of this Agreement and XXXX reimburses Licensee for Licensees reasonable out-of-pocket expenses). However, if any infringement of the Licensed Patents which is to the substantial detriment of Licensee has not been discontinued within six (6) months after written request by Licensee to XXXX and XXXX has not by the end of such period taken action intended to xxxxx or terminate the infringing action and Licensee's rights are still exclusive hereunder, Licensee shall have the right, with XXXX 's written consent, which shall not be unreasonably withheld, to file a lawsuit to seek to stop such activity at its own expense. During such litigation Licensee shall act in good faith to preserve XXXX 's right, title and interest in and to the Licensed Patent, shall keep XXXX advised as to the status of the litigation and shall not enter into a settlement of such litigation without first allowing XXXX the option of either approving the settlement or of continuing the litigation at XXXX‘s expense for XXXX‘s benefit (upon payment to Licensee of its out-of-pocket costs and expenses of the litigation). Nothing herein shall permit or allow Licensee to commence any action for infringement of the Licensed Patent...
Enforcement of Licensed Patents. Section 6.01 In the event of any third party infringement of any Licensed Patent, the party hereto having knowledge thereof shall promptly notify the other party of such infringement and provide it with all details of such infringement that are known by such party. Thereafter, Licensor shall have the sole right to determine the ways and means of addressing the third party infringement. Licensor shall be entitled to receive and retain, for its own use and benefit, any recovery awarded in any litigation related to such infringement, including, without limitation, monetary damages.
Enforcement of Licensed Patents. Sublicensor shall retain the sole right, at its sole discretion, to enforce the ‘707 Patent Rights against third party infringers.
Enforcement of Licensed Patents. 11.3.1. SGI shall have the obligation in Major Markets and the right in all other markets, at its sole expense, to determine the appropriate course of action to enforce the Licensed Patents or otherwise xxxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce the Licensed Patents, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation or other enforcement action with respect to the Licensed Patents, and in good faith shall consider the interests of EOS in so doing; provided that nothing herein shall be construed to obligate SGI to take any action that would be commercially unreasonable or would subject SGI to undue business risk. All monies recovered upon the final judgment or settlement of any such suit to enforce any Licensed Patents shall be retained by SGI. EOS and SGI shall fully cooperate with each other in any action to enforce the Licensed Patents. If SGI fails to take any action to enforce the Licensed Patents or control any litigation with respect to the licensed Patents within a period of ninety (90) days after reasonable notice of the infringement of the Licensed Patents, then EOS shall have the right to bring and control any such action by counsel of its own choice, and in such case, all monies recovered upon the final judgment or settlement of any such suit to enforce any Licensed Patents shall be retained by EOS. In such a case, SGI shall cooperate fully with EOS, at EOS's expense, in its efforts to enforce the Licensed Patents, including being joined as a party to such action if necessary.
Enforcement of Licensed Patents. In the event that Codexis reasonably believes that any Licensed Patent is being infringed by a Third Party, Codexis shall promptly notify Dyadic and provide Dyadic with evidence thereof. As between the Parties, Dyadic shall have the sole right to enforce such Licensed Patents with respect to such infringement, or to defend any declaratory judgment action with respect thereto, at Dyadic’s expense.
Enforcement of Licensed Patents. Versicor shall have the primary right, but not the obligation, to take action in its own name to secure the cessation of any infringement or misappropriation or to enter suit against the infringer. Any such action will be at Versicor's expense, employing counsel of its own choosing. If Versicor elects not to exercise its right to prosecute or take other appropriate action in connection with an infringement or misappropriation of the Licensed Patents or fails to take any such action within sixty (60) days of first receiving of such infringement or misappropriation, Lilly may do so at its own expense, controlling such action. In the event of any infringement or misappropriation suit against a third party brought by either Party pursuant to this Section, the Party so proceeding shall pay to the other Party all of its costs and expenses (but not attorney's fees) in connection with such action and such other Party shall join in and reasonably cooperate with respect to such action to the extent necessary to initiate and maintain it (e.g., by providing relevant documents, witnesses and testimony, etc.).
Enforcement of Licensed Patents. (a) If either party becomes aware of any suspected infringement of any Licensed Patent or learns that any Licensed Patent is being infringed or misappropriated by any third party within the Field, or is subject to a declaratory judgment action arising from such infringement or misappropriation, such party shall promptly notify the other party of all available details regarding such infringement or misappropriation.
