Company Suit Sample Clauses

Company Suit. If neither Section 14.4 nor 14.5 applies, Company may institute and prosecute a suit or defend any declaratory judgment action so long as it conforms with the requirements of this Section and Company is diligently developing or selling Licensed Product. Company will diligently pursue the suit and Company will bear the entire cost of the litigation, including expenses and counsel fees incurred by Stanford. Company will keep Stanford reasonably apprised of all developments in the suit, and will seek Stanford’s input and approval on any substantive submissions or positions taken in the litigation regarding the scope, validity and enforceability of the Licensed Patent. Company will not prosecute, settle or otherwise compromise any such suit in a manner that adversely affects Stanford’s interests without Stanford’s prior written consent. Stanford may be named as a party only if (A) Company’s and Stanford’s respective counsel recommend that such action is necessary in their reasonable opinion to achieve standing;

Company Suit. Company has the first right (but not the obligation), at its expense, to initiate and control an enforcement action involving any patent within the Licensed Patents against an infringer infringing the Licensed Patents within the Licensed Field of Use and/or control the defense of any declaratory judgment or other adverse proceeding brought by a third party related to the Licensed Patents. Stanford may be named as a party in a suit initiated by Company (other than in accordance with Section 14.5) only if: (A) Company’s and Stanford’s respective counsel recommend that such action is necessary in their reasonable opinion to achieve standing or a court has required or will require such joinder to pursue the action; (B) Stanford is not the first named party in the action; and (C) The pleadings and any public statements about the action state that Company is pursuing the action and that Company has the right to join Stanford as a party. Stanford shall have the right to enforce, or authorize the enforcement by a third party licensee of, the Licensed Patents against infringement solely outside the Licensed Field of Use provided that Company is consulted at least 60 days prior to initiation of any such action to enforce and Stanford will not initiate such action (or authorize a third party licensee to do so) if Company shows prior to the initiation of such action that such action to enforce would reasonably cause an adverse effect in the Licensed Field of Use beyond the general risks of invalidating such Licensed Patent that are inherent in actions to enforce a patent.