Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.2.
Appears in 6 contracts
Samples: License Agreement (Virpax Pharmaceuticals, Inc.), License and Sublicense Agreement (Virpax Pharmaceuticals, Inc.), License Agreement (Mateon Therapeutics Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek seek, upon good cause, injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide an emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceedingproceedings. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.2.
Appears in 5 contracts
Samples: License Agreement (Longboard Pharmaceuticals, Inc.), License Agreement (Longboard Pharmaceuticals, Inc.), License Agreement (Tracon Pharmaceuticals, Inc.)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.29.2.
Appears in 5 contracts
Samples: Assignment and Exclusive Cross License Agreement, Assignment and Exclusive Cross License Agreement (Biocept Inc), Assignment and Exclusive Cross License Agreement (Biocept Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.210.4(b) (Disputes Not Resolved Between the Parties).
Appears in 5 contracts
Samples: Assignment and License Agreement (Adagio Therapeutics, Inc.), Option and License Agreement, Option and License Agreement (Arsanis, Inc.)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patent rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.211.3(a).
Appears in 4 contracts
Samples: License Agreement, License Agreement (Provention Bio, Inc.), License Agreement (Provention Bio, Inc.)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.212.2.
Appears in 4 contracts
Samples: Collaborative R&d, Licensing and Option Agreement, Collaboration and Option Agreement (Xencor Inc), Collaboration and Option Agreement (Xencor Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.214.2.
Appears in 3 contracts
Samples: Research and License Agreement (Xencor Inc), Supply Agreement (Vivus Inc), License and Commercialization Agreement (Vivus Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents, Trademarks, Copyrights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.215.1(b)(ii).
Appears in 3 contracts
Samples: Exclusive License and Supply Agreement (Correvio Pharma Corp.), Exclusive License and Supply Agreement (SteadyMed Ltd.), Exclusive License and Supply Agreement (Cardiome Pharma Corp)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patent rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.210.2.
Appears in 3 contracts
Samples: License Agreement (CRISPR Therapeutics AG), Patent Assignment Agreement (CRISPR Therapeutics AG), License Agreement (CRISPR Therapeutics AG)
Court Actions. Nothing contained in this Agreement shall deny either Party any party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other proprietary or intellectual property rights, and no such claim dispute shall be subject to arbitration pursuant to Section 11.210.2.
Appears in 2 contracts
Samples: Non Exclusive License Agreement (Celladon Corp), Non Exclusive License Agreement (Celladon Corp)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any am ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patent rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.210.2.
Appears in 2 contracts
Samples: License Agreement (CRISPR Therapeutics AG), License Agreement (CRISPR Therapeutics AG)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other proprietary or intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.211.4.
Appears in 2 contracts
Samples: Non Exclusive Technology Alliance and Option Agreement (Regulus Therapeutics Inc.), Non Exclusive Technology Alliance and Option Agreement (Isis Pharmaceuticals Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other proprietary or intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.213.4.3.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Regulus Therapeutics Inc.), Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained without having to file a bond or other security notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.29.2(b).
Appears in 2 contracts
Samples: Marketing and Laboratory Services Agreement (CombiMatrix Corp), Marketing and Laboratory Services Agreement (Invitae Corp)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek seek, upon good cause, injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide an emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceedingproceedings. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.212.2.
Appears in 2 contracts
Samples: Development, License and Commercialization Agreement, Development, License and Commercialization Agreement (Adamis Pharmaceuticals Corp)
Court Actions. Nothing contained in this Agreement (including, without limitation, Section 14.1 and Annex 14.1 hereto) shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing mediation or arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to any dispute concerning the validity, construction, scope, enforceability, infringement construction or other violations effect of any Patent Rights or other intellectual property rightslicensed hereunder, and no such claim shall be subject to mediation or arbitration pursuant to Section 11.214.1 or Annex 14.1 hereto.
Appears in 2 contracts
Samples: Collaboration Agreement (Universal Biosensors Inc), Collaboration Agreement (Universal Biosensors Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other proprietary or intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.214.5.3.
Appears in 2 contracts
Samples: Collaboration and License Agreement, Collaboration and License Agreement (Regulus Therapeutics Inc.)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other proprietary or intellectual property rights, and no such claim shall will be subject to arbitration pursuant to Section 11.212.1.4.
Appears in 2 contracts
Samples: Strategic Collaboration Agreement (Ionis Pharmaceuticals Inc), Strategic Collaboration Agreement (Isis Pharmaceuticals Inc)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other intellectual property rightsproprietary or Intellectual Property Rights, and no such claim shall will be subject to arbitration pursuant to Section 11.210.2.3.
Appears in 2 contracts
Samples: Non Exclusive Anticalin® Platform Technology License Agreement (Pieris Pharmaceuticals, Inc.), Non Exclusive Anticalin® Platform Technology License Agreement (Pieris Pharmaceuticals, Inc.)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other intellectual property rightsproprietary or Intellectual Property Rights, and no such claim shall will be subject to arbitration pursuant to Section 11.215.1.4.
Appears in 1 contract
Samples: License & Collaboration Agreement (Pieris Pharmaceuticals, Inc.)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other proprietary or intellectual property rights, and no such claim shall will be subject to arbitration pursuant to Section 11.214.1.3.
Appears in 1 contract
Samples: Collaboration, License and Development Agreement (Isis Pharmaceuticals Inc)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other intellectual property rightsproprietary or Intellectual Property Rights, and no such claim shall will be subject to arbitration pursuant to Section 11.2.15.1.4. Confidential
Appears in 1 contract
Samples: License & Collaboration Agreement (Pieris Pharmaceuticals, Inc.)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including without limitation relating to the violation of the confidentiality provisions of Article 8 hereof, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim matter shall be subject to arbitration pursuant to Section 11.2.
Appears in 1 contract
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek seek, upon good cause, injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide an emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing dispute resolution discussions between the Parties or any ongoing arbitration proceedingproceedings. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.214.2.
Appears in 1 contract
Samples: Exclusive License Agreement (Allogene Therapeutics, Inc.)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing Dispute resolution discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes Disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other intellectual property rightsproprietary or Intellectual Property Rights, and no such claim shall will be subject to arbitration pursuant to Section 11.214.1.4.
Appears in 1 contract
Samples: Exclusive Product License Agreement (Pieris Pharmaceuticals, Inc.)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.29.2(b).
Appears in 1 contract
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.213.2.
Appears in 1 contract
Samples: Collaboration, License and Option Agreement (Curis Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes solely pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.212.2.
Appears in 1 contract
Samples: Collaboration and License Agreement (Trius Therapeutics Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement Infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.2.
Appears in 1 contract
Samples: License Agreement (Chimerix Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.2.
Appears in 1 contract
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.215.2.
Appears in 1 contract
Samples: Collaboration and License Agreement (Anthera Pharmaceuticals Inc)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including without limitation relating to the violation of the confidentiality provisions of Section 5.4 hereof, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim matter shall be subject to arbitration pursuant to Section 11.28.11.
Appears in 1 contract
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including without limitation relating to the violation of the confidentiality provisions of Section 7.1 hereof, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim matter shall be subject to arbitration pursuant to Section 11.28.10.
Appears in 1 contract
Samples: Cooperation Agreement (Epicept Corp)
Court Actions. Nothing contained in this Agreement shall will deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim shall be will eb subject to arbitration pursuant to Section 11.210.2(c) (Disputes Not Resolved Between the Parties).
Appears in 1 contract
Samples: Collaboration Agreement (Adagio Therapeutics, Inc.)
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.29.2.
Appears in 1 contract
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including without limitation relating to the violation of the confidentiality provisions of Section 5.3 hereof, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights Patents or other intellectual property rights, and no such claim matter shall be subject to arbitration pursuant to Section 11.28.11.
Appears in 1 contract
Court Actions. Nothing contained in this Agreement shall deny either Party party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes Disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.210.2.
Appears in 1 contract
