Infringement by Third Party. (a) Each party will promptly notify the other party of any infringement or possible infringement of any of the Patents or other Licensed Technology. Licensee shall have the right, but not the obligation, to prosecute such infringement at its own expense. In such event, UM shall cooperate with Licensee, at UM’s expense. Licensee shall not settle or compromise any such suit in a manner that imposes any obligations or restrictions on UM or grants any rights to the Licensed Technology which are inconsistent with the rights and obligations of Licensee or UM pursuant to this Agreement, without UM’s written consent.
Infringement by Third Party. 6.1 Caltech shall protect the Licensed Patent Rights from infringement and prosecute infringers when, in its sole reasonable judgment, such action may be reasonably necessary, proper and justified. Notwithstanding the foregoing, Licensee shall have the right to Sublicense any alleged infringer pursuant to Paragraph 2.1.
Infringement by Third Party. Subject to the provisions of this Section 8.3, in the event that Licensee becomes aware that any Licensor Patent Right is being infringed by a Third Party or is subject to a declaratory judgment action arising from such infringement, Licensee shall promptly notify Licensor. Licensor shall have the sole right (but not the obligation) to enforce the Licensor Patent Rights covering the Technology (an “Enforcement Action”). Licensee shall reasonably cooperate with Licensor in all such actions or proceedings. Licensee agrees to be joined as a plaintiff if necessary and shall provide all reasonable cooperation (including any necessary use of its name) required to prosecute such litigation at Licensor’s cost and expense. Licensor shall have the sole benefit of any damages collected from any such Enforcement Action. [***] CONFIDENTIAL PORTIONS OF THIS DOCUMENT REDACTED AND FILED SEPARATELY WITH THE COMMISSION
Infringement by Third Party. Licensee shall promptly notify Medtronic and Medtronic shall promptly notify Licensee in writing if Medtronic or Licensee knows or has reason to believe that the rights of Medtronic or Licensee relating to the Subject Technology are being infringed by a third party.
Infringement by Third Party. 7.1 Both Caltech and Licensee agree to notify the other in writing should either party become aware of infringement of the Licensed Patents. Licensee, upon notice to Caltech, shall have the sole right to initiate an action against the infringer at Licensee’s expense, either in Licensee’s name or in Caltech’s name if so required by law, Licensee shall have sole control of the action.
Infringement by Third Party. In the event NDD or CMS has reason to believe that a Third Party (other than a licensee from NDD) may be infringing any of the Patent Rights, such party shall promptly notify the other party. NDD and CMS shall consult regarding any such infringement and each shall have the right to institute action for infringement of the Patent Rights against a Third Party in accordance with the following:
Infringement by Third Party. A. Either party shall notify the other party of any suspected infringement by a third party of the Patent in the Field and the Territory, and each party shall inform the other of any evidence of such infringement(s).
Infringement by Third Party. Subject to the provisions of this Section 8.3, in the event that [***].
Infringement by Third Party. In the event SMSI or CMS has reason to believe that a Third Party may be infringing any of the Patent Rights, such party shall promptly notify the other party. SMSI, may in its discretion, elect to enforce the Patent Rights, through legal action or otherwise, and CMS agrees to cooperate with SMSI in such enforcement. If CMS has given written notification to SMSI of a Third Party infringement and has delivered satisfactory documentation to SMSI evidencing that the Third Party's infringing product is competitive with CMS's Licensed Product in the same country and total sales of such infringing product of the Third Party infringer are equal to or exceed one hundred thousand U.S. dollars (US$100,000) in an Agreement Year in the same country, then if SMSI fails to take commercially reasonable steps to enforce the Patent Rights within three (3) months of such notification, CMS's royalty rate applicable to sales in that country shall be decreased by one-half until such time as SMSI brings such action or otherwise resolves the issue of infringement.
Infringement by Third Party. 8.1. In accordance with the Cal Tech Agreement, the parties anticipate that Cal Tech or Photobit generally will protect the Licensed Patent Rights from infringement and prosecute infringers when, in their judgment, such action may be reasonably necessary, proper and justified. To the extent that they do so, control over any enforcement action, payment of expenses, and the allocation of any recovery between Cal Tech and Photobit shall be determined in accordance with the Cal Tech Agreement. To the extent that an infringement is in the Field, the allocation of Photobit's portion of any recovery between Photobit and Xxxxxx shall be determined in accordance with Section 8.5. To the extent that an infringement is outside the Field, Xxxxxx shall have no right to any part of the recovery.
