Continuance of Infringement. If, after the expiration of the --------------------------- *** period specified in Section 8.3.1, Zonagen has not overcome the allegation of infringement, obtained a discontinuance of such infringement or filed suit against such third party infringer, then, notwithstanding the limitations on royalty rate reduction set forth in Sections 7.3.3 and 7.3.4, the royalty rates to be paid by SP Ltd. on its Net Sales of the Licensed Product in the country of the Territory where such infringement is occurring shall be reduced as set forth in Section 7.3.1(c) or Section 7.3.1(d), as applicable, until said infringement ceases and, thereafter, the royalty shall revert to the applicable full royalty set forth in Section 7.3.1. In addition, SP Ltd. shall have the right, but not the obligation, to bring suit against such infringer under the Patent Rights and join Zonagen as a party plaintiff, provided that SP Ltd. shall bear all the expenses of such suit. Zonagen will 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 at its own expense. SP Ltd. shall periodically reimburse Zonagen for its out-of- pocket costs (excluding Zonagen's costs of retaining independent counsel) incurred in cooperating with SP Ltd. SP Ltd. shall incur no liability to Zonagen as a consequence of such litigation or any unfavorable decision resulting therefrom, including any decision holding any of the Patent Rights invalid or unenforceable. In the event that SP Ltd. recovers any sums in such litigation by way of damages or in settlement thereof, SP Ltd. 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. 20 10.4 Certification Under Drug Price Competition and Patent Term Restoration Act........ 20 10.5 Abandonment....................................................................... 21
Continuance of Infringement. If [*] RIBI has not [*], then RIBI and Schering agree to [*]. In addition, Schering 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 Schering shall [*]. RIBI shall cooperate with Schering in any suit for infringement of a Patent Right brought by Schering --------- * Confidential Treatment Requested 16 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 [*]. In the event that Schering recovers any sums in such litigation by way of damages or in settlement thereof, [*].
Continuance of Infringement. 24 4.4 Third Party Infringement Suit.............................................25 4.5 Certification Under Drug Price Competition and Patent Restoration Act...........................................................25 4.6 Abandonment...............................................................26 4.7
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. If Quark has neither obtained a discontinuance of such infringement nor brought suit against such infringer within 6 months of any notice under Section 4.4.1, SKK shall have the right, but not the obligation, to bring suit against such infringer under the Patent Rights and join Quark as a party plaintiff, provided that SKK shall bear all the expenses of such suit. Quark shall cooperate with SKK in any such suit for infringement of a Patent Right brought by SKK against a third party, and shall have the right to consult with SKK and to participate in and be represented by independent counsel in such litigation at its own expense. SKK shall incur no liability to Quark as a consequence of such litigation or any unfavorable decision resulting therefrom, including any decision holding any of the Quark Improvement Patents invalid or unenforceable. In the event that SKK recovers any sums in such litigation by way of damages or in settlement thereof, SKK shall retain all such sums.
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), SP Ltd. shall have no further obligation to pay any royalty on the Net Sales of Licensed Product under Section 3.2(a) in those countries in the Territory where the alleged infringement occurred. 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, SP Ltd. 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 SP Ltd. shall bear all the expenses of such suit. Sparta will cooperate with SP Ltd. in any suit for infringement of a Licensed 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 at its own expense. SP Ltd. shall periodically reimburse Sparta for its out-of-pocket costs (excluding Sparta's costs of retaining independent counsel) incurred in cooperating with SP Ltd. SP Ltd. 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 SP Ltd. recovers any sums in such litigation by way of damages or in settlement thereof, SP Ltd. retain all such sums.
