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 […***…].
Appears in 3 contracts
Samples: Collaboration and License Agreement (Dimension Therapeutics, Inc.), Collaboration and License Agreement (Dimension Therapeutics, Inc.), Collaboration and License Agreement (Dimension Therapeutics, Inc.)
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 […***…], including in the event that, [***].
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 […***…].
Appears in 1 contract
Samples: Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.)
