Defense of Collaboration Patents Sample Clauses

Defense of Collaboration Patents. Except as set forth in Section 10.3(a), (b) or (c), to the extent any Party receives notice by counterclaim, or otherwise, alleging the invalidity or unenforceability of any Collaboration Patent, it shall bring such fact to the attention of the other Party, including all relevant information related to such claim. The Parties, through the JSC, shall discuss such claim. Where such allegation is made in an opposition, reexamination, interference or other patent office proceeding, the provisions of Section 10.3 shall apply. Where such allegation is made in a counterclaim to a suit or other action brought under Section 10.4, the provisions of Section 10.4 shall apply. In all other cases, (a) where such allegation relates to a Collaboration Patent within the Shared Territory, the JSC shall determine which Party is most appropriate to take the lead in defending such allegation and all reasonable costs incurred in connection with such defense shall be included as Joint Commercialization Costs, and (b) where such action relates to a Collaboration Patent within the Licensed Territory, Astellas shall have the first right to defend such action, at Astellas’s expense, and Medivation will cooperate with Astellas, at Astellas’s expense in such defense. In the event Astellas does not so elect to defend an action with respect to any Medivation Patent, Joint Patent, or UCLA Patent under this Section 10.5, it shall so notify Medivation in writing, and Medivation shall have the right to so defend such action in the Licensed Territory, at Medivation’s expense (but, for clarity, Medivation shall have no such right with respect to any Astellas Patent). Each Party shall provide to the Party defending any such rights under this Section 10.5 in the Licensed Territory all reasonable assistance in such enforcement, at such defending Party’s request and expense. The defending Party shall keep the other Party regularly informed of the status and progress of such efforts, and shall reasonably consider the other Party’s comments on any such efforts.

Defense of Collaboration Patents. (a) If any Party receives notice by counterclaim, declaratory judgment action or otherwise, alleging the invalidity or unenforceability of any Collaboration Patent, it shall bring such fact to the attention of the other Party, including all relevant information related to such claim. Where such allegation is made in an opposition, reexamination, interference or other patent office proceeding, the provisions of Section 9.3 shall apply. Where such allegation is made in a counterclaim to a suit or other action brought under Section 9.4, the provisions of Section 9.4 shall apply. Where such allegation is made in a declaratory judgment or other court action, (i) the Party who prosecuted such Medivation Patent or Joint Patent pursuant to Section 9.3 shall have the first right to defend such action at its own expense, provided that if a Party pursuant to Section 9.4 elects to bring an infringement counterclaim, the provisions of Section 9.4 shall thereafter apply; and (ii) Partner shall have the sole right, but no obligation, to defend such Partner Patent. If the Party with the first right to defend a Medivation Patent or Joint Patent elects not to defend such action, it shall so notify the other Party in writing, and the other Party shall have the right to defend such action, at the other Party’s expense. For any such action involving a Collaboration Patent, the non-defending Party shall provide to the defending Party all reasonable assistance in such defense, at the defending Party’s request and expense; and the defending Party shall keep the other Party regularly informed of the status and progress of such efforts, and shall reasonably consider the other Party’s comments on any such efforts.

Defense of Collaboration Patents