Defense Of Patent Rights. In the event that any Patent Rights are the subject of a legal action seeking declaratory relief or of any reexamination or opposition proceeding instituted by a third party, the parties agree to promptly consult with each other concerning the defense of such actions or proceedings. If the parties agree that such defense should be undertaken, then Licensee shall bear the expenses, including attorneys’ fees, associated with such defense and in any recoupment of expenses. If the parties disagree, then the party desiring to defend the action or proceeding may proceed with such defense and will bear its own expenses, and be entitled to all sums recovered.
Defense Of Patent Rights. As between the Parties, the Party controlling the preparation, filing, prosecution, and maintenance of any Patent Right under this Section 10.4 (Patent Prosecution and Maintenance) will have the right, but not the obligation, to defend against a declaratory judgment action, inter partes review, opposition proceeding, interference, or other action challenging any such patent, other than with respect to (a) any counter-claims or defenses in any Infringement Action brought by the other Party pursuant to Section 10.5.2 (Infringement Actions), or (b) any action by a Third Party in response to an Infringement Action brought by the other Party, which, in both cases ((a) and (b)), will be controlled by such other Party.
Defense Of Patent Rights. In the event that any Patent Rights are the subject of a legal action seeking declaratory relief or of any reexamination or opposition proceeding instituted by a third party, the parties agree to promptly consult with another concerning the defense of such actions or proceedings. If the parties agree that such defense should be undertaken, then Prometheus shall bear the expenses, including attorneys' fees, associated with such defense and in any recoupment of expenses. If the parties disagree, then the party desiring to defend the action or proceeding may proceed with such defense and will bear its own expenses.
Defense Of Patent Rights. 7.4.1 LUMC and Prosensa shall each promptly notify the other in writing of any challenge (including an interference or opposition proceeding) relating to any of the LUMC Patent Rights and Joint Patent Rights.
Defense Of Patent Rights. In respect of any proceeding initiated by a Third Party which challenges the validity of, enforceability of, or entitlement to the [***], and which proceeding does not also involve the enforcement of such Patent Rights as set out in Section [***] (including but not limited to pre-grant opposition, post-grant opposition, re-examination, interference, and revocation proceedings) the responsibilities, costs and obligations for consultation for the Parties apply in a similar manner to those as set out in Section [***] in respect of [***].
Defense Of Patent Rights. Thermo shall have the right, but not the ------------------------ obligation, to defend any claims that the Patent Rights infringe upon any other patents or intellectual property rights of third parties.
Defense Of Patent Rights. The company having patent maintenance rights agrees, subject to good business judgment, to prosecute and/or defend Patent Rights against challenge or infringement by any Third Party or Parties. BMI acknowledges that ERI may elect, at its sole discretion, not to prosecute or defend Patent Rights. In the event that ERI shall elect not to defend Patent Rights against challenge or infringement, BMI, including its Affiliates or Sublicensees, may at its sole discretion prosecute and/or defend any infringement and/or challenge to the Patent Rights. In addition, in the event that ERI has not exercised or has abandoned its marketing options in any portion of the Territory, then BMI shall have the first right to prosecute and/or defend Patent Rights in the name of ERI against challenge or infringement by any Third Party. In any infringement suit that BMI, its Affiliates or Sublicensees may institute to enforce the Patent Rights, or in any suit brought by a Third Party in which BMI, its Affiliates or Sublicensees is defending the Patent Rights, ERI shall cooperate with BMI and, to the extent practicable, have its employees and, if practicable, former employees, testify when requested. ERI will also make available relevant records, papers, information, samples, specimens and the like. ERI will obligate its own Affiliates or other Licensees to cooperate in a similar manner.
Defense Of Patent Rights. 10.01 In the event of the initiation of any suit by a Third Party against WRF or SAVYON for patent infringement involving the manufacture, use, sale, distribution, marketing or other utilization of Licensed Product, the Party sued shall promptly notify the other Party in writing. Except in the case of a conflict of interest. SAVYON and WRF shall assist one another and cooperate in any such litigation at the other's request without expense to the requesting Party.
Defense Of Patent Rights. To the extent any Party receives notice by counterclaim, or otherwise, alleging the invalidity or unenforceability of any Eisai Prosecution Patents, Company Patents and/or Joint Patents, 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 9.10 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. With respect to Eisai Prosecution Patents, Eisai, with prior written consent of Company (which shall not be unreasonably withheld, conditioned or delayed), shall take the lead in defending such allegation and Company shall cooperate with Eisai in such defense. All reasonable costs incurred by each Party in connection with such defense shall be included as Commercialization Costs. In the event Eisai does not so elect to defend an action with respect to any Eisai Prosecution Patent under this Section 9.5, it shall so notify Company in writing, and Company shall have the right, but not the obligation, with prior written consent of Eisai (which shall not be unreasonably withheld, conditioned or delayed), to so defend such action, at its expense. With respect to Company Patents (excluding Company Substantially Related Patents) and Joint Manufacturing Patents, Company shall take the lead in defending such allegation and Eisai shall cooperate with Company in such defense. All reasonable costs incurred by each Party in connection with such defense shall be included as Commercialization Costs. With respect to Joint Other Patents, the Parties shall mutually agree on which Party shall take the lead in defending such allegation. The non-defending Party shall cooperate with the defending Party in such defense and all reasonable costs incurred by each Party in connection with such defense shall be included as Commercialization Costs. Each Party shall provide to the Party defending any such rights under this Section 9.5 all reasonable assistance in such enforcement, at such defending Party’s request with any expenses related thereto to be included as Commercialization Costs. The defending Party shall keep the other Party regularly informed of the status and progress of such efforts, and shall reasonably consider the other...
Defense Of Patent Rights. As between the parties, Licensee will have the first right, but not the obligation, to defend against a declaratory judgment action, inter partes review, opposition proceeding, post grant review, interference or other action initiated by a Third Party challenging any claims within the [***] Patent Rights or [***] Patent Rights in which Licensee and/or any of its Affiliates or Sublicensees are named defendants. Each party shall notify the other party in writing of any such action within [***] days after becoming aware of such action and Licensee shall notify Harvard as to whether or not Licensee elects to defend against such action within [***] days after receipt of service of process of such action. If Licensee does not notify Harvard within such [***] day period that it elects to defend such action, then Harvard may elect to do so. Neither party shall compromise or settle any such action in a manner that (a) admits the invalidity or unenforceability of any Patent Right or (b) admits any liability by or imposes any obligation on the other party, in each case ((a) and (b)), without the prior written consent of such other party, which consent shall not be unreasonably withheld, conditioned or delayed. Licensee shall not compromise or settle any action for which it has asserted its right hereunder to defend the [***] Patent Rights without the prior written consent of Harvard, not to be unreasonably withheld, conditioned or delayed.
