Patent Enforcement definition

Patent Enforcement. In the event of any infringement of the Licensed Patents or misappropriation of the Project Know-How, the parties shall consult to determine if they will Jointly bring action to terminate such infringement or misappropriation. Any recovery obtained by the parties in such an action shall be used first to reimburse the cost of such action and the remainder divided equally between the parties. In the event that the parties fail to initiate such action within ninety (90) days of receiving notice of such infringement or misappropriation, ACORDA shall have the right, but not the obligation, to initiate suit to stop such infringement or misappropriation. Any recovery obtained by ACORDA in such an action shall be used first to reimburse the cost of such action, and the remainder shall be retained by ACORDA and treated as net sales of Licensed Product, subject to the royalty obligations to MAYO herein. In the absense of an agreement to institute a suit jointly, and if ACORDA does not initiate such an action within a further ninety (90) days, MAYO may institute a suit for the infringement of the licensed patents, or opposition or interference with respect thereto, or any misappropriation of Project Know-How, or defend any declaratory judgment relating thereto. MAYO shall bear the entire cost of such litigation, including attorneys’ fees, and shall be entitled to retain the entire amount of any recovery by way of judgment, award, decree, arbitration, or settlement. ACORDA shall cooperate reasonably with MAYO, except financially, in such litigation.

Patent Enforcement. USB shall promptly notify RPI of any facts which come to USB's attention indicating that a third party is violating any of the Licensed Patents. RPI shall take whatever action it deems appropriate to enforce the Licensed Patents in its sole discretion and at its expense and shall be entitled to obtain any remuneration recovered as a result thereof subject to fulfilling any obligations of USB to CU and URC under the License Agreement. At the request of RPI, USB shall join in as a party to any enforcement action at RPI's expense provided that any expenses incurred by USB in connection therewith are approved in advance by RPI and are reasonable in amount. USB acknowledges that CU and URC may have certain rights to enforce the Licensed Patents, if RPI does not do so. If both RPI and USB do not enforce the Licensed Patents against a particular infringer, then URC and/or CU may do so in its own name and at its own expense. CU and URC may retain the proceeds of any enforcement action initiated and maintained by them pursuant to the preceding sentence.

Examples of Patent Enforcement in a sentence

• In 2005, the shareholders of Patent Enforcement and Royalties Ltd.

• To the extent that any Supplier Link Patents are assigned to Licensee, references to “Licensee” in the foregoing Patent Enforcement sections shall remain references to Galileo International, LLC, and references to “Licensor” in the foregoing Patent Enforcement sections shall remain references to Orbitz, LLC.

• Each Party will provide to the enforcing Party reasonable assistance in any Proceeding brought under this Section 10.3 (Patent Enforcement), at such enforcing Party’s request and expense, including to be named in such action if required by Applicable Law to pursue such action.

• Patent Enforcement and Defense 49 11.1. Notice 49 11.2. Enforcement and Defense 49 11.3. Other Enforcement and Defense 51 Section 12.

• All Internal Costs and External Costs incurred by the Parties in connection with any Enforcement Action brought by a Party under Section 13.3(b), Section 13.3(c) or Section 13.8 in the United States with respect to a Cost Share Product shall be considered “Shared Patent Enforcement Costs” that shall be shared [*]between the Parties as an Other Expense.

• At the request of Phibro, MJ shall reasonably cooperate and provide any information or assistance in connection with any legal action under this Section 2.6(f) (Patent Enforcement and Defense) in which event Phibro shall reimburse MJ for any and all reasonable, documented out-of-pocket costs and expenses that MJ actually incurs in conjunction with such legal action.

• At the request of the Party bringing an action in accordance with this Section 14.5 (Patent Enforcement), the other Party will provide reasonable assistance reasonably requested by the enforcing Party in connection therewith, including by executing reasonably appropriate documents, cooperating in discovery, and joining as a party to the action if reasonably requested by the enforcing Party, at the enforcing Party’s expense.

• If neither Institute nor CNRS institutes an Institute/CNRS Patent Enforcement Action within (i) ninety (90) days following written notice of their intent to do so, or (ii) thirty (30) days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such action, whichever comes first, NTI shall have the right, but not the obligation, to bring and control any such action or proceeding at its own expense and by counsel of its own choice.

• Each Party will provide to the enforcing Party reasonable assistance in the enforcement action brought under this Section 6.3 (Patent Enforcement), at such enforcing Party’s request and expense, including to be named in such action if required by Applicable Laws to pursue such action.

• Except as expressly provided otherwise in this Section 6.3 (Patent Enforcement), the enforcing Party bringing a claim, suit, or action under this Section 6.3 (Patent Enforcement) will be solely responsible for any expenses incurred by such Party as a result of such claim, suit, or action.