Enforcement of Intellectual Property. I will cooperate fully with the Company, both during and after my employment with the Company, with respect to the procurement, maintenance and enforcement of Intellectual Property Rights in Company-Related Developments. I will sign, both during and after the term of this Agreement, all papers, including without limitation copyright applications, patent applications, declarations, oaths, assignments of priority rights, and powers of attorney, which the Company may deem necessary or desirable in order to protect its (or any Affiliate’s) rights and interests in any Company-Related Development. If the Company is unable, after reasonable effort, to secure my signature on any such papers, I hereby irrevocably designate and appoint each officer of the Company as my agent and attorney-in-fact to execute any such papers on my behalf, and to take any and all actions as the Company may deem necessary or desirable in order to protect its (or any Affiliate’s) rights and interests in any Company-Related Development.
Enforcement of Intellectual Property. 6.3.1. In the event either Party becomes aware of infringement of Patents within Quanterix Intellectual Property Rights in the Field by a Third Party selling a product that competes with an Assay or System sold by bioMérieux, it will notify the other Party thereof without delay. Notwithstanding anything to the contrary in this Section 6.4, to the extent Tufts University has applicable rights under Sections 7.1, 7.2, 7.3, 7.4 and 7.5 of the Tufts License, those provisions shall apply to the extent that Tufts exercises such rights.
6.3.2. Quanterix shall have the first right (but not the obligation), at its sole expense and sole discretion (subject to the provisions below), to control the enforcement or otherwise xxxxx such infringement. If it so elects, Quanterix shall use Commercially Reasonable Efforts to pursue the relevant infringers and enforce its rights under its Patents in the Field.
6.3.3. Prior to undertaking any such action, Quanterix shall notify bioMérieux in writing, and bioMérieux shall have the right to join as a party to such infringement proceedings and to jointly enforce such action by funding [***] of the costs of such action. If bioMérieux so elects to participate and jointly enforce and co-fund such enforcement, the Parties shall reasonably cooperate with each other in the planning and execution of any such action to enforce such Patents which is jointly prosecuted by the Parties; provided however, that Quanterix shall retain final decision-making authority over such enforcement activities. All monies recovered upon the final judgment or settlement of any such suit to enforce such Patents [***], and the Parties shall be liable [***] for any adverse costs arising from such proceedings subject to Section 12.4.
6.3.4. In the event that Quanterix does not wish to enforce a Patent against such infringement, Quanterix shall deliver prompt written notice thereof to bioMérieux.
6.3.5. In the event Quanterix delivers the written notice described in the previous Section 6.3.4 or if Quanterix has not initiated an infringement action against an alleged infringer in the Exclusive Field within sixty (60) days of receiving or sending the notice mentioned in Section 6.3.1, bioMérieux shall have the right, but not the obligation, at its sole expense and sole discretion, to seek such enforcement of such Patents against such potential infringement solely in the Exclusive Field and in consultation with Quanterix. If bioMérieux so elects to enforce any suc...
Enforcement of Intellectual Property. If legally able and without breaching any confidentiality provisions of a contract with a third party, in the event that Licensee becomes aware that any third party is infringing the Licensed Marks, Licensee shall promptly notify Licensor and provide pertinent details. Licensor shall have the right in its sole discretion to bring a legal action for infringement against the third party, together with the right to enforce and collect any judgment thereon. If Licensor elects to exercise such right, Licensee shall, at Licensor’s request, provide reasonable assistance to Licensor, at the sole expense of Licensor.
Enforcement of Intellectual Property. (i) If either Party becomes aware of (i) any actual, potential, or alleged infringement of any of the rights to Product Intellectual Property granted to Coronado under this Agreement with respect to Products or a Paragraph W Certification (each of subclauses (i) and (ii), an “Action”) and, such Party shall give to the other Party prompt and reasonably detailed written notice of such actual, potential, or alleged infringement. Notwithstanding the foregoing, each Party shall notify the other Party within two (2) business days of its receipt of, or receipt of notice of, any Paragraph W Certification. With respect to any Action, Coronado shall have the first and primary right, but not the obligation, to, at its expense, initiate, prosecute, and control any action or legal proceedings, and/or enter into a settlement, including any declaratory judgment action, with respect thereto; provided, however, if in the reasonable opinion of counsel to Revogenex, Revogenex has available to it one or more defenses or counterclaims which are inconsistent with one or more defenses or counterclaims which may be alleged by Coronado, as a result of which representation would be advisable, Revogenex shall have the right, subject to the terms of this Section 9.6(b), to participate in such Action at its own cost and expense. In any such litigation brought by Coronado, Coronado shall have the right to use and sue xx Revogenex’s name and join Revogenex as a party to such litigation, and Revogenex shall cooperate reasonably with respect thereto, as requested by Coronado. If, within one hundred eighty (180) calendar days of the notice in this Section 9.6(b)(i) (or, in the case of a Paragraph W Certification, thirty-five (35) calendar days from the date of Coronado’s receipt of the Paragraph W Certification or notice thereof from Revogenex), Coronado shall, (i) have been unsuccessful in persuading the actual, potential, or alleged infringer to desist, (ii) shall not have brought and shall not be diligently prosecuting an infringement or other action with respect to such actual, potential, or alleged infringement or Paragraph W Certification, or (iii) has not entered into settlement discussions with respect to such actual, potential, or alleged infringement or Paragraph W Certification, or if Coronado notifies Revogenex that it has decided not to undertake any of the foregoing against any such alleged, potential, or actual infringer or Third Party making such Paragraph W Certification, ...
Enforcement of Intellectual Property. (a) If a Party becomes aware that a third party is infringing such Party's or any other Party's Intellectual Property Rights, such Party shall promptly notify the relevant other Parties thereof.
(b) Where such Intellectual Property Rights are owned by only one Party, such Party shall have the sole right to determine whether or not to bring infringement or unfair competition or related proceedings in connection with any such infringement.
(c) If such infringed Intellectual Property Rights are owned by more than one Party, then within thirty (30) days of receipt of such notice or otherwise becoming aware of such infringement, such Parties shall determine which of them, if any, shall bring an infringement or unfair competition or related proceedings in connection with such infringement. In any event, all such Parties shall cooperate in the bringing of such action, and, where required, join such action. Any amount awarded with respect to any such proceeding shall be payable entirely to the Party or Parties bringing such proceeding, unless
Enforcement of Intellectual Property. (a) Xxxxxx shall promptly inform ROS of any suspected infringement by a Third Party of any Intellectual Property that Xxxxxx determines in its reasonable business judgment is reasonably likely to adversely affect in any material respect the value of the Royalty Payments. Xxxxxx shall promptly provide ROS with a copy of any written notice of any such suspected infringement of Intellectual Property delivered or received by Xxxxxx or any of its Subsidiaries as soon as practicable and in any event not less than [*] following such delivery or receipt.
(b) Xxxxxx shall have the right (but not the obligation) to initiate, at its sole expense, an enforcement of the Intellectual Property against any Third Party. All sums received (including awards, damages and settlement payments) for compensatory damages only as a result of any enforcement of the Intellectual Property by Xxxxxx under this Section 4.4(b), after deduction of all reasonable costs and expenses (including attorneys’ fees and expenses) incurred by Xxxxxx in connection with such enforcement, shall be included in the calculation of Net Revenue for the Fiscal Quarter in which any such amounts are indefeasibly received by Xxxxxx.
Enforcement of Intellectual Property. (a) Unilife shall promptly inform ROS of any suspected infringement by a Third Party of any Intellectual Property that could reasonably be expected to adversely affect in any material respect the value of the Royalty Payments. Unilife shall provide to ROS a copy of any written notice of any such suspected infringement of Intellectual Property delivered or received by Unilife or any of its Affiliates as soon as practicable and in any event not less than 10 Business Days following such delivery or receipt. Promptly following any notice of such suspected infringement, Unilife and ROS shall consult with each other with a view to determining the appropriate course of action to take with respect to such suspected infringement.
(b) Following such consultation described in clause (a) above, Holdings, Unilife and the Subsidiaries shall have the sole right (but not the obligation) to initiate, at its sole expense, an enforcement of the Intellectual Property against such Third Party infringer. If Holdings, Unilife and the Subsidiaries elect to enforce the Intellectual Property against such Third Party infringer, Unilife shall so notify ROS and keep ROS promptly informed of the status of, and all material developments in, such enforcement. All sums received (including awards, damages and settlement payments) as a result of any enforcement of the Intellectual Property by Holdings, Unilife and the Subsidiaries under this Section 4.4(b), after deduction of all reasonable costs and expenses (including attorneys’ fees and expenses) incurred by Holdings, Unilife and the Subsidiaries in connection with such enforcement, shall be treated as Net Sales.
Enforcement of Intellectual Property. Distributor will use its best efforts to protect Sagent's Intellectual Property rights in the Software in the Territory, including but not limited to thorough use of Non Disclosure agreements and proper contract administration of the software license agreements, and Distributor shall promptly report to Sagent any infringement of such rights of which Distributor becomes aware; provided, however, that Sagent reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its Intellectual Property Rights in the Software in the Territory, "Intellectual Property Rights" shall mean patent right, copyright right (including, but not limited to, rights in software, audiovisual works and moral rights), trade secret rights, trade mark xxxhts and any other intellectual property rights recognized by the law of each applicable jurisdiction.
Enforcement of Intellectual Property. Xxxxxx shall promptly inform ROS of any suspected infringement by a Third Party of any Intellectual Property that Xxxxxx determines in its reasonable business judgment is reasonably likely to adversely affect in any material respect the value of the Royalty Payments. Xxxxxx shall promptly provide ROS with a copy of any written notice of any such suspected infringement of Intellectual Property delivered or received by Xxxxxx or any of its Subsidiaries as soon as practicable and in any event not less than [*] following such delivery or receipt.
Enforcement of Intellectual Property. In the event that Stryker and/or Osiris becomes aware that any of Osiris’ Intellectual Property Rights related to the Allografts and Allograft Services are being infringed, either directly or indirectly by any third party, the Party possessing such knowledge or belief shall promptly notify the other and shall include in its notice all facts in its possession on which such knowledge or belief is based. Prior to bringing suit or notifying a third party of infringement of any of Osiris’ Intellectual Property Rights related to the Allografts and Allograft Services, Osiris agrees to consult with Stryker.
