Enforcement of Joint Patents. As between the Parties, [***] shall have the first right, but not the obligation, to manage any claim, suit or proceeding against any Infringement (including removing or defending against any Infringement) by the Exploitation of any Competing Product with respect to Joint Patents, including as a defense or counterclaim in connection with any Third Party Infringement Claim, at [***] sole cost and expense, using counsel of its own choice.
Enforcement of Joint Patents in […***…]. As between Dimension and Bayer, the Parties agree as follows:
10.7.3.1 […***…] shall have the first right, but not obligation, to prosecute any infringement of Joint Patents that is […***…], at […***…] expense. In any action to enforce any of such Joint Patents, […***…], at the request and […***…], shall […***…].
10.7.3.2 If […***…] elects not to pursue any such infringement of a Joint Patent, then […***…] shall have the second right, but not obligation, to prosecute such infringement of the Joint Patent, at […***…]. In any such action to enforce any of the Joint Patents, […***…], at the request […***…], shall […***…], including in the event that, […***…].
10.7.3.3 Any recovery of damages by the Party undertaking enforcement or defense of a suit for infringement of a Joint Patent under this Section 10.7.3 shall be applied, as between Bayer and Bayer, first to reimburse each such Party for costs and expenses (including reasonable attorneys’ fees and costs) incurred by such Party in connection with such suit, second, compensatory damages will be […***…], and the balance remaining, if any, from any such recovery shall be […***…].
Enforcement of Joint Patents. (i) If a Party becomes aware of any actual or suspected infringement or unauthorized use by a Third Party of any Collaboration IP, then such Party shall promptly notify the other Party in writing of all the relevant facts and circumstances in connection with such infringement or unauthorized use known to that Party and shall provide the other Party with all available evidence supporting such infringement or unauthorized use.
(ii) The Joint IP Committee shall determine any required or desirable action to any such Third Party infringement, which action shall be then be implemented by the Lead IP Party (Infringement Proceedings). The Parties shall share equally (50:50) all costs, both internally and externally, associated with any such joint Infringement Proceedings, unless otherwise agreed in writing. The Parties shall also share equally (50:50) any damages, royalties, settlement fees or other consideration resulting from any such joint Infringement Proceedings, unless otherwise agreed in writing.
(iii) The Lead IP Party shall keep the Non-Lead Party informed of the status of any such joint Infringement Proceedings and, upon request, shall (to the extent permitted under applicable law) provide the Non-Lead Party, at no cost to the Non-Lead Party, with copies of all documents filed in, and all material written communications between the parties relating to, such Infringement Proceedings. The Non-Lead Party shall, at the Lead IP Party’s request, give the Lead Party all reasonable assistance in any such joint Infringement Proceedings.
(iv) No settlement shall be entered into by the Lead IP Party without the prior written consent of the Non-Lead Party (such consent not to be unreasonably withheld or delayed).
Enforcement of Joint Patents. In the event that management or in-house counsel for either Party becomes aware of a suspected infringement of any Patent claiming a Joint Invention, such Party shall notify the other Party promptly. Following such notification, the Parties shall confer and determine the rights and obligations of the Parties to bring an infringement action with respect to such Patent or to defend validity proceedings regarding such Patent.
Enforcement of Joint Patents. In the event a Third Party is infringing or misappropriating any Joint Patents and the Parties agree to respond jointly to the infringement, the Parties will, unless otherwise agreed in writing, share equally all costs associated therewith and any damages or account of profits awarded to the Parties or settlement sum negotiated by the Parties. Where one Party alone (the “Responding Party”) wishes to pursue such proceedings, the other Party will provide all reasonable cooperation including allowing (and doing all things reasonably necessary to allow) the Responding Party to prosecute those proceedings in their joint names, provided that (A) the Responding Party will be responsible for the entire cost of any such legal proceedings and will indemnify the other Party with regard to all costs, expenses, damages or account of profits awarded against the other Party as a result of the other Party’s name being used as a co-claimant in any proceedings, but the Responding Party will be entitled to all costs, damages, or account of profits that may be obtained or awarded; (B) the Responding Party will not make any admissions, or consent to the making of any order by any court, regarding the scope, validity or enforceability of any of the Joint Patents without the prior, written consent of the other Party; and (C) the Responding Party will keep the other Party informed with regards to any steps taken in response to an infringement and will consult the other Party over proposed future steps that are likely to have a material effect on the conduct of any legal action. Any recovery obtained by the Responding Party as a result of any such enforcement proceeding, by settlement or otherwise, shall be applied in the following order of priority: (x) first, to reimburse each Party for all litigation costs in connection with such proceeding paid by that Party and not otherwise recovered (on a pro rata basis based on each Party’s respective litigation costs, to the extent recovery was less than all such litigation costs); and (y) second, after application of the foregoing clause (x), the remainder of any such recovery obtained by the Responding Party shall be retained by the Responding Party.
Enforcement of Joint Patents. (i) Subject to the provisions of this Section, each Party shall have the right to bring any litigation against any third party under any Joint Patent, without the consent of the other Party. The other Party hereby consents to be joined as a party to the litigation, if required.
(ii) Each Party shall notify the other, in writing, at least thirty (30) days prior to institution of any litigation involving one or more Joint Patents. The Parties agree to negotiate
(iii) Unless otherwise agreed by the Parties, the Party initiating any litigation involving any Joint Patent (A) shall promptly notify the other Party of the initiation of such litigation, (B) shall have sole control of the litigation, (C) shall incur all expenses and costs (including reasonable expenses associated with requested participation of the joined other Party as co-owner), and (D) shall retain any and all amounts recovered as a result of such litigation without accounting therefor to the other Party.
(iv) Each Party shall promptly notify the other Party in the event that any third party asserts by lawsuit, license discussions or otherwise any invalidity claims as to any Joint Patent.
Enforcement of Joint Patents. Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of the Joint Patents of which such Party becomes aware. Catheter Robotics shall have the first right, but not the obligation, to prosecute any such infringement and Catheter Robotics shall retain control of the prosecution of such claim, suit or proceeding. In the event Catheter Robotics prosecutes any such infringement, Peacs shall have the right to join as a party to such claim, suit or proceeding in the Territory and participate with its own counsel at its own expense; provided that Catheter Robotics shall retain control of the prosecution of such claim, suit or proceeding. If Catheter Robotics does not take commercially reasonable steps to prosecute the alleged or threatened infringement with respect to such Joint Patents (i) within ninety (90) days following the first notice provided above with respect to such alleged infringement, or (ii) provided such date occurs after the first such notice of infringement is provided, ten (10) business days before the time limit, if any, set forth in appropriate laws and regulations for filing of such actions, whichever comes first, then Peacs may prosecute the alleged or threatened infringement at its own expense.
Enforcement of Joint Patents. With respect to Joint Patents, Wugen shall have the first right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in, or to defend against, such Product Infringement, at Wugen’s cost and expense. Wugen shall not settle any such suit or action in any manner that would reasonably be expected to create an HCW Impact Situation anywhere in the Territory without the prior written consent of HCW. If Wugen does not, within [***] after its receipt or delivery of notice under Section 8.5(a), commence a suit to enforce the Joint Patents, take other action to terminate such Product Infringement or initiate a defense against such Product Infringement, then upon Wugen’s prior written consent, which shall not be unreasonably withheld or delayed, HCW shall have the right, but not the obligation, to commence such a suit or take such an action or defend against such Product Infringement in the Territory at its own cost and expense. In such event, Wugen shall take appropriate actions in order to enable HCW to commence a suit or take the actions set forth in the preceding sentence. HCW shall not settle any such suit or action in any manner that would reasonably be expected to create a Wugen Impact Situation anywhere in the Territory without the prior written consent of Wugen.
Enforcement of Joint Patents. (a) If either Party becomes aware of any Third Party activity that infringes a Joint Patent, then that Party shall give prompt written notice to the other Party regarding such infringement.
(b) With respect to infringement of a Joint Improvement Patent involving Third Party activity outside the Field or in the Plant Field:
(i) Sangamo shall have the right, but not the obligation, to attempt to resolve such infringement by commercially appropriate steps, including without limitation the filing of an infringement suit using counsel of its own choice. If Sangamo institutes such a suit with respect to a Joint Patent, it will do so at its expense, and will be entitled to keep all recoveries.
(ii) If Sangamo fails to resolve such infringement or to initiate a suit with respect thereto within one hundred twenty (120) days after delivery of the notice set forth in Section 8.8(a), then Sigma shall have the right, but not the obligation, to attempt to resolve such infringement by commercially appropriate steps, including without limitation the filing of an infringement suit using counsel of its own choice. If Sigma initiates such a suit with respect to a Joint Patent it will do so at its own expense, and will be entitled to keep all recoveries.
(c) With respect to infringement of a Joint Improvement Patent involving Third Party activity in the Field (and not in the Plant Field):
(i) Sigma shall have the right, but not the obligation, to attempt to resolve such infringement by commercially appropriate steps, including without limitation the filing of an infringement suit using counsel of its own choice. If Sigma institutes such a suit with respect to a Joint Patent, it will do so at its expense, and will be entitled to keep all recoveries.
(ii) If Sigma fails to resolve such infringement or to initiate a suit with respect thereto within one hundred twenty (120) days after delivery of the notice set forth in Section 8.8(a), then Sangamo shall have the right, but not the obligation, to attempt to resolve such infringement by commercially appropriate steps, including without limitation the filing of an infringement suit using counsel of its own choice. If Sangamo initiates such a suit with respect to a Joint Patent it will do so at its own expense, and will be entitled to keep all recoveries.
(d) If either Party becomes aware of any Third Party activity that infringes a Joint Patent other than a Joint Improvement Patent, then that Party shall give prompt written notice ...
Enforcement of Joint Patents. (I) BMS JOINT PATENTS.
