Common use of Enforcement of Collaboration Patents and Joint Patents that Cover Licensed Compounds Clause in Contracts

Enforcement of Collaboration Patents and Joint Patents that Cover Licensed Compounds. Subject to Section 8.5.4, GSK shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement of Collaboration Patents and Joint Patents, by counsel of its own choice, and EPIZYME shall have the right, at its own expense, to be represented in such action by counsel of its own choice. If GSK fails to bring an action or proceeding within a period of [**] days after first being notified of such Competitive Infringement (or [**] days after being notified in the case of an action brought under the Xxxxx-Xxxxxx Act or any ex-U.S. equivalent of the Xxxxx-Xxxxxx Act), EPIZYME shall have the right to bring and control such an action by counsel of its own choice, and GSK shall have the right to be represented in any such action by counsel of its own choice at its own expense.

Enforcement of Collaboration Patents and Joint Patents that Cover Licensed Compounds. Subject to Section 8.5.4, GSK EPIZYME shall have the primary right, but not the obligation, to institute, prosecute, control and control settle any action or proceeding with respect to any Competitive Infringement of Collaboration Patents and Joint PatentsPatents in the Territory, by counsel of its own choice, and EPIZYME EISAI shall have the right, at its own expense, to be represented in such action by counsel of its own choice. If GSK EPIZYME fails to bring an action or proceeding or otherwise take affirmative actions to address such infringement within a period of [**] days after first being notified of such Competitive Infringement (or [**] days after being notified in the case of an action brought under the Xxxxx-Xxxxxx Act or any ex-U.S. equivalent of the Xxxxx-Xxxxxx Act), EPIZYME EISAI shall have the right to bring and control such an action by counsel of its own choice, and GSK EPIZYME shall have the right to be represented in any such action by counsel of its own choice at its own expense.

Enforcement of Collaboration Patents and Joint Patents that Cover Licensed Compounds. Subject to Section 8.5.4, GSK EISAI shall have the primary right, but not the obligation, to institute, prosecute, control and control settle any action or proceeding with respect to any Competitive Infringement of Collaboration Patents and Joint Patents, by counsel of its own choice, and EPIZYME shall have the right, at its own expense, to be represented in such action by counsel of its own choice. If GSK EISAI fails to bring an action or proceeding or otherwise take affirmative actions to address such infringement within a period of [**] days after first being notified of such Competitive Infringement (or [**] days after being notified in the case of an action brought under the Xxxxx-Xxxxxx Act or any ex-U.S. equivalent of the Xxxxx-Xxxxxx Act), EPIZYME shall have the right to bring and control such an action by counsel of its own choice, and GSK EISAI shall have the right to be represented in any such action by counsel of its own choice at its own expense.