Common use of Celgene ROW Initial Enforcement Clause in Contracts

Celgene ROW Initial Enforcement. As between the Parties, and subject to Section 6.7, Celgene shall have the first right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement in the ROW Territory of (A) any Jounce Co-Co Collaboration Patent that is exclusively licensed to Celgene under this Jounce Lead Co-Co Agreement and that solely Covers Co-Co Products or the Co-Co Candidate (such Patents, the “Jounce Co-Co Product Patents”) and (B) any Celgene Patent, in each case by counsel of its own choice, in Celgene’s own name and under Celgene’s direction and control, provided that Celgene shall keep Jounce, through the JSC and/or Patent Committee, reasonably informed as to the status of, and all material developments in such action, including considering in good faith, the input of Jounce regarding the strategy and handling of such enforcement activities.

Celgene ROW Initial Enforcement. As between the Parties, and subject to Section 6.7, Celgene shall have the first right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement in the ROW Territory of (A) any Jounce Celgene Co-Co Collaboration Patent that is exclusively licensed to Celgene under this Jounce Celgene Lead Co-Co Agreement and that solely Covers Co-Co Products or the Co-Co Candidate (such Patents, the “Jounce Celgene Co-Co Product Patents”) and (B) any Celgene Patent, in each case by counsel of its own choice, in Celgene’s own name and under Celgene’s direction and control, provided that Celgene shall keep Jounce, through the JSC and/or Patent Committee, reasonably informed as to the status of, and all material developments in such action, including considering in good faith, the input of Jounce regarding the strategy and handling of such enforcement activities.