Enforcement of Alexion Patent Rights. Subject to Section 9.3(d) below, Alexion shall have the sole right, at its own expense and in its sole discretion, to initiate, prosecute and control the enforcement of the Alexion Patent Rights against such infringement, or the defense of any declaratory judgment action for non-infringement relating thereto in any Territory and to defend any Alexion Patent Right.
Appears in 4 contracts
Samples: Co Development and Co Commercialization Agreement (Alexion Pharmaceuticals Inc), Co Development and Co Commercialization Agreement (Xoma LTD /De/), Co Development and Co Commercialization Agreement (Alexion Pharmaceuticals Inc)