Common use of Duty to Notify of Infringement Clause in Contracts

Duty to Notify of Infringement. If any Party learns of an infringement or threatened infringement by a Third Party with respect to any EPIZYME Patent, Collaboration Patent or Joint Patent, including actual or alleged infringement under 35 U.S.C. § 271(e)(2), that is or would be competitive with a Licensed Compound or Licensed Product (“Competitive Infringement”), such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such Competitive Infringement.

Duty to Notify of Infringement. If any Party learns of an infringement or threatened infringement by a Third Party with respect to any EPIZYME CELGENE Patent, Collaboration EPIZYME Patent or Joint Collaboration Patent, including actual or alleged infringement under 35 U.S.C. § USC §271(e)(2), ) that is or would be competitive with a Licensed Compound Compound, Licensed Product or Licensed Diagnostic Product (“Competitive Infringement”), such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such Competitive Infringement.

Duty to Notify of Infringement. If any Party learns of an infringement or threatened infringement by a Third Party with respect to any EPIZYME Patent, EPIZYME Diagnostic Patent, Collaboration Patent or Joint Patent, including actual or alleged infringement under 35 U.S.C. § USC §271(e)(2), ) that is or would be competitive with a Licensed Compound Compound, Licensed Product or Licensed Diagnostic Product (“Competitive Infringement”), such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such Competitive Infringement.