Continued Infringement Sample Clauses
The Continued Infringement clause allows a party to address situations where the other party persists in infringing intellectual property rights, even after being notified of the issue. Typically, this clause outlines the steps that must be taken if infringement continues, such as providing written notice and allowing a cure period, and may permit termination of the agreement if the infringement is not resolved. Its core function is to protect the non-infringing party from ongoing legal or financial risk by providing a clear mechanism to stop the relationship if intellectual property violations are not remedied.
Continued Infringement. 6.6.4.1 If Neose fails to either bring suit against or enter into negotiations for settlement with such Third Party within six (6) months after receipt of notice of such infringement and Novo is of the opinion that the alleged infringement or misappropriation of Neose Technology is occurring in the Field of Use then, upon Novo’s written request, the Parties shall seek the opinion of patent counsel acceptable to both Parties as to whether there has been or continues to be a misappropriation or infringement of the Neose Technology in the Field of Use by such Third Party. If such patent counsel concurs with Novo’s opinion, Novo shall have the right, but not the obligation, to bring suit against such Third Party under the Neose Technology and to join Neose as a party plaintiff. Neose will cooperate with Novo in any such suit brought against a Third Party and shall have the right to consult with Novo and to participate in and be represented by counsel in such suit at its own expense. In the event that Novo recovers any sums in such suit by way of damages or in settlement thereof, such sums shall be used first to reimburse each of Novo and Neose for their documented, out-of-pocket legal expenses, with Novo retaining any remaining amounts. ****** — Material has been omitted and filed separately with the Commission.
6.6.4.2 If Novo fails to either bring suit against or enter into negotiations for settlement with such Third Party within six (6) months after receipt of notice of such infringement and Neose is of the opinion that the alleged infringement or misappropriation of the relevant Neose License Claims is occurring with regard to a Neose Exclusive Compound then, upon Neose’s written request, the Parties shall seek the opinion of patent counsel acceptable to both Parties as to whether there has been or continues to be a misappropriation or infringement of the Neose License Claims that affects a Neose Exclusive Compound by such Third Party. If such patent counsel concurs with Neose’s opinion, Neose shall have the right, but not the obligation, to bring suit against such Third Party under the Neose License Claims and to join Novo as a party plaintiff. Novo will cooperate with Neose in any such suit brought against a Third Party and shall have the right to consult with Neose and to participate in and be represented by counsel in such suit at its own expense. In the event that Neose recovers any sums in such suit by way of damages or in settlement thereof, such su...
Continued Infringement. If Neose fails to either bring suit against or enter into negotiations for settlement with such Third Party within six (6) months after receipt of notice of such infringement and Novo is of the opinion that the alleged infringement or misappropriation of Neose Technology is occurring in the Field of Use then, upon Novo’s written request, the Parties shall seek the opinion of patent counsel acceptable to both Parties as to whether there has been or continues to be a misappropriation or infringement of the Neose Technology in the Field of Use by such Third Party. If such patent counsel concurs with Novo’s opinion, Novo shall have the right, but not the obligation, to bring suit against such Third Party under the Neose Technology and to join Neose as a party plaintiff. Neose will cooperate with Novo in any such suit brought against a Third Party and shall have the right to consult with Novo and to participate in and be represented by counsel in such suit at its own expense. In the event that Novo recovers any sums in such suit by way of damages or in settlement thereof, such sums shall be used first to reimburse each of Novo and Neose for their documented, out-of-pocket legal expenses, with Novo retaining any remaining amounts.