Common use of Defense of Infringement Actions Clause in Contracts

Defense of Infringement Actions. During the Term, each Party shall bring to the attention of the other Party all information regarding potential infringement or any claim of infringement of Third Party intellectual property rights in connection with the development, manufacture, production, use, importation, offer for sale, or sale of Products in the Territory. Subject to Article 11, each Party shall be solely responsible at its sole expense for defending any action, suit, or other proceeding brought against it alleging infringement of Third Party intellectual property rights in connection with its activities under this Agreement. This Section 9.8 shall not be interpreted as placing on either Party a duty of inquiry regarding Third Party intellectual property rights.

Appears in 5 contracts

Samples: Development and Commercialization Agreement (Fibrogen Inc), License, Development and Commercialization Agreement, Development and Commercialization Agreement (Fibrogen Inc)

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Defense of Infringement Actions. During the Termterm of this Agreement, each Party shall bring to the attention of the other Party all information regarding potential infringement or any claim of infringement of Third Party intellectual property rights in connection with the development, manufacture, production, use, importation, offer for sale, or sale of Products in the Territory. The Parties shall discuss such information and decide how to handle such matter. Subject to Article 1115, each Party shall be solely responsible at its sole expense for defending any action, suit, or other proceeding brought against it alleging infringement of Third Party intellectual property rights in connection with its activities under this Agreement. This Section 9.8 9.5 shall not be interpreted as placing on either Party a duty of inquiry regarding Third Party intellectual property rights.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Alder Biopharmaceuticals Inc), Collaboration and License Agreement (Alder Biopharmaceuticals Inc)

Defense of Infringement Actions. During the Term, each Party shall bring to the attention of the other Party all information regarding potential infringement or any claim of infringement of Third Party intellectual property rights in connection with the development, manufacture, production, use, importation, offer for sale, or sale of Licensed Compound and Licensed Products in the Territory. Subject The Parties shall discuss such information and decide how to Article 11handle such matter, each Party shall be solely responsible at its sole expense for defending any action, suit, or other proceeding brought against it alleging infringement of Third Party intellectual property rights in connection with its activities under this Agreement[**]. This Section 9.8 9.6 shall not be interpreted as placing on either Party a duty of inquiry regarding Third Party intellectual property rights.

Appears in 1 contract

Samples: Collaboration Agreement (Arvinas, Inc.)

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Defense of Infringement Actions. During the Term, each Party shall bring to the attention of the other Party all information regarding potential infringement or any claim of infringement of Third Party intellectual property rights in connection with the development, manufacture, production, use, importation, offer for sale, or sale of Licensed Products in the Territory. Subject The Parties shall discuss such information and decide how to Article 11, each handle such matter. Each Party shall be solely responsible at its sole expense for defending any actionclaim, suit, suit or other proceeding action brought against it alleging infringement of Third Party intellectual property rights in connection with its activities under this Agreement. This Section 9.8 shall not be interpreted as placing on either Party a duty of inquiry regarding Third Party intellectual property rights.

Appears in 1 contract

Samples: Development and License Agreement (Liquidia Technologies Inc)

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