CELGENE's Right To File Infringement Actions. To the extent ENTREMED has the right to bring a suit or action to compel the termination of infringement of the PATENT RIGHTS, including to the extent provided in Article 7 of the CMCC AGREEMENT, ENTREMED hereby grants CELGENE the right and option, but not the obligation, to bring an action for infringement or to defend against a DJ action, at its sole expense, in the name of ENTREMED and/or in the name of CELGENE, and to join ENTREMED as a party plaintiff if required. No settlement, consent judgment or other voluntary final disposition of a suit that adversely affects PATENT RIGHTS may be entered into without the consent of ENTREMED, which consent shall not be unreasonably withheld.
Appears in 4 contracts
Samples: Agreement (Entremed Inc), Agreement (Celgene Corp /De/), CMCC Agreement (Entremed Inc)