Common use of Duty to Notify of Competitive Infringement Clause in Contracts

Duty to Notify of Competitive Infringement. If any Party learns of an infringement, unauthorized use, misappropriation or threatened infringement or other such activity by a Third Party with respect to any Collaboration Patent or ChemoCentryx Patent by reason of the manufacture, use or sale of a product identical to or substantially similar to any Progressed Compounds, Option Compound, Product Candidate or Licensed Product following exercise by GSK of its Product Option with respect thereto, within the Territory (“Competitive Infringement”), such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such Competitive Infringement.

Appears in 4 contracts

Samples: Commercialization Agreement, Product Development And (ChemoCentryx, Inc.), Product Development And (ChemoCentryx, Inc.)

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Duty to Notify of Competitive Infringement. If any either Party learns of an infringement, unauthorized use, misappropriation or threatened infringement or other such activity by a Third Party with respect to any Collaboration Regulus Patent or ChemoCentryx Patent in the Field, by reason of the manufactureDevelopment, Manufacture, use or sale Commercialization in the Field of a product that contains or consists of a xxXXX Compound as an active ingredient that is substantially identical in structure, sequence or composition to or substantially similar to any Progressed Compounds, Option Compound, Product Candidate or Licensed Product following exercise by GSK of its Product Option with respect thereto, within the Territory SPC-3649 (“Competitive Infringement”), such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such Competitive Infringement.

Appears in 3 contracts

Samples: License and Nonexclusive Option Agreement, Nonexclusive Option Agreement (Regulus Therapeutics Inc.), Exclusive License and Nonexclusive Option Agreement (Isis Pharmaceuticals Inc)

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