Continuance of Infringement. If, after the expiration of the [Information omitted and filed separately with the Commission under Rule 24b-2.] period Sparta has not commenced, or if commenced is not actively pursuing legal action against an infringer as specified in Subsection 4.3(a), then, notwithstanding the limitations on royalty rate reduction set forth in Section 3.2 (c), Schering shall have no further obligation to pay any royalty on the Net Sales of Licensed Product under Section 3.2(a) in the Territory. No royalties shall be due until said infringement ceases and, thereafter, the royalty shall revert to the applicable full royalty set forth in Section 3.2(a). In the event that said infringement does not cease, no royalties shall be due to Sparta. In addition, Schering shall have the right, but not the obligation, to bring suit against such infringer under the Licensed Patent Rights and join Sparta as a party plaintiff, provided that Schering shall bear all the expenses of such suit. Sparta will cooperate with Schering in any suit for infringement of a Licensed Patent Right brought by Schering against a third party, and shall have the right to consult with Schering and to participate in and be represented by independent counsel in such litigation at its own expense. Schering shall periodically reimburse Sparta for its out-of-pocket costs (excluding Sparta's costs of retaining independent counsel) incurred in cooperating with Schering. Schering shall incur no liability to Sparta as a consequence of such litigation or any unfavorable decision resulting therefrom, including any decision holding any of the Licensed Patent Rights invalid or unenforceable. In the event that Schering recovers any sums in such litigation by way of damages or in settlement thereof, Schering shall retain all such sums.
Continuance of Infringement. If Licensor has neither obtained a discontinuance of such infringement nor brought suit against such infringer after the expiration of the six month period specified in Subsection 4.3(a), SPL shall have the right, but not the obligation, to bring suit against such infringer under the Patent Rights and join
Continuance of Infringement. If Licensor has neither obtained a discontinuance of such infringement nor brought suit against such infringer after the expiration of the six month period specified in Subsection 4.3(a), Schering shall have the right, but not the obligation, to bring suit against such infringer under the Patent Rights and join Licensor as a party plaintiff, provided that Schering shall bear all the expenses of such suit. Licensor shall cooperate with Schering in any such suit for infringement of a Patent Right brought by Schering against a third party, and shall have the right to consult with Schering and to participate in and be represented by independent counsel in such litigation at its own expense.
Continuance of Infringement. The License Agreement shall set forth provisions, to be negotiated by the parties, whereby each party shall have the right, but not the obligation, to assume responsibility and control of the resolution of any third party infringement matter relating to the Patent Rights in the event that party having responsibility under Section 5.4(a) fails to take appropriate enforcement action against such third party infringer within a reasonable time period to be established by the parties.
Continuance of Infringement. If, after the expiration of ninety (90) days from the date of the notice specified in Subsection 4. 1. 1, Sponsor has not overcome the allegation of infringement, obtained a discontinuance of such infringement, or brought suit against the third-party infringer, University shall have the right, but not the obligation, to bring suit against such infringer, and join Sponsor as a party plaintiff, provided that University shall bear all the expenses of the suit and shall control the prosecution of such suit. Sponsor shall cooperate with University in any suit brought by University and shall have the right to consult with University and be represented by independent counsel at its own expense, provided, however, that University shall reimburse Sponsor for its out-of-pocket costs (excluding the costs of retaining independent counsel) incurred in cooperating with University. University shall keep Sponsor informed of the status of any such suit and shall provide Sponsor with copies of all pleadings filed in such suit. University shall incur no liability to Sponsor as a consequence of such suit or any unfavorable decision resulting therefrom, including any decision holding any of the rights under University Patent or Generated Intellectual Property invalid or unenforceable. Any recovery or damages derived from such suit or the settlement thereof shall be retained by University.
Continuance of Infringement. 20 10.4 Abandonment............................................................................ 21 10.5
Continuance of Infringement. If [*], RIBI has not [*] then RIBI and SP Ltd. agree to [*]. In addition, SP Ltd. shall have the right, but not the obligation, to bring suit against such infringer under the Patent Rights and join RIBI as a party plaintiff, provided that SP Ltd. shall [*]. RIBI shall cooperate with SP Ltd. in any suit for infringement of a Patent Right brought by SP Ltd. against a third party, and shall have the right to consult with SP Ltd. and to participate in and be represented by independent counsel in such litigation [*]. In the event that SP Ltd. recovers any sums in such litigation by way of damages or in settlement thereof, [*].
Continuance of Infringement. 24 4.4 Third Party Infringement Suit.............................................
Continuance of Infringement. If Sepracor has neither obtained a discontinuance of such infringement nor brought suit against such infringer after the expiration of the [**] period specified in Subsection 4.3(a), Schering shall have the right, but not the obligation, to bring suit against such infringer under the Patent Rights and join Sepracor as a party plaintiff, provided that Schering shall bear all the expenses of such suit. Sepracor shall cooperate with Schering in any such suit for infringement of a Patent Right brought by Schering against a third party, and shall have the right to consult with Schering and to participate in and be represented by independent counsel in such litigation at its own expense. Schering shall periodically reimburse Sepracor for its out of pocket costs (excluding Sepracor's costs of retaining independent counsel) incurred in cooperating with Schering. Schering shall incur no liability to Sepracor as a consequence of such litigation or any unfavorable decision resulting therefrom, including any decision holding any of the Patent Rights invalid or unenforceable, except that Schering shall indemnify and hold Sepracor harmless for any monetary judgment or award against or penalty levied upon either Sepracor or Schering arising out of Schering's acts in the enforcement of such Patent Rights. In the event that Schering recovers any sums in such litigation by way of damages or in settlement thereof, Schering shall retain all such sums.
Continuance of Infringement. Certification Under Drug Price Competition and Patent Term Restoration Act........ 20 10.5 Abandonment....................................................................... 21
