Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 and 7.5.
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Samples: Massachusetts Institute of Technology (Bionik Laboratories Corp.), Patent License Agreement (Momenta Pharmaceuticals Inc), Patent License Agreement (Momenta Pharmaceuticals Inc)
Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's ’s sole expense, subject to Sections 7.4 and 7.5.
Appears in 4 contracts
Samples: Patent License Agreement (BioTrove, Inc.), Exclusive Patent License Agreement (Cardiomems Inc), Voting Agreement (Momenta Pharmaceuticals Inc)
Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, and assuming that COMPANY is still the sole licensee of the PATENT RIGHTS, COMPANY may take over the sole defense of the action at COMPANY's ’s sole expense, subject to Sections 7.4 and 7.5.
Appears in 3 contracts
Samples: Exclusive Patent License Agreement (BIND Therapeutics, Inc), Exclusive Patent License Agreement (BIND Therapeutics, Inc), Exclusive Patent License Agreement (BIND Therapeutics, Inc)
Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) [**] days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 and 7.5.
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (A123 Systems Inc), Exclusive Patent License Agreement (A123 Systems, Inc.)
Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY LICENSEE by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY LICENSEE may take over the sole defense of the action at COMPANY's LICENSEE’s sole expense, subject to Sections 7.4 and 7.5Section 7.4.
Appears in 2 contracts
Samples: Patent License Agreement (Choicetel Communications Inc /Mn/), Patent License Agreement (Choicetel Communications Inc /Mn/)
Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 8.4 and 7.58.5.
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Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. M.1.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. IfM.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 and 7.5.
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Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 and 7.5Section 7.4.
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Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 and 7.5.at
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Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidityparty, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T.COMPANY, at its option, shall have the right within twenty (20) [**] days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. COMPANY does not exercise this right, COMPANY M.I.T. may take over the sole defense of the action at COMPANY's M.I.T.’s sole expense, subject to Sections 7.4 and 7.5.
Appears in 1 contract
Samples: License Agreement (Visterra, Inc.)
Declaratory Judgment Actions. In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T.COMPANY, at its option, shall have the right within twenty (20) [**] days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. COMPANY does not exercise this right, COMPANY M.I.T. may take over the sole defense of the action at COMPANY's M.I.T.’s sole expense, subject to Sections 7.4 and 7.5.
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