Common use of Enforcement of Joint Patents Clause in Contracts

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. (i) If a In the event that management or in-house counsel for either Party becomes aware of any actual or a suspected infringement of a Patent that claims a Joint Invention but is not subject to the enforcement rights specified in Sections 11.1(a) or unauthorized use by a Third Party 11.1(b) (for purposes of any Collaboration IPthis Section 11.1(c) only, then an “Other Joint Patent”), such Party shall promptly notify the other Party in writing of all promptly, and following such notification, the relevant facts and circumstances in connection with such infringement or unauthorized use known to that Parties shall confer. Each Party and shall provide the other same level of disclosure to its in-house counsel concerning suspected infringement of an Other Joint Patent as such Party would provide with all available evidence supporting such respect to suspected infringement of its own issued Patent or unauthorized use. (ii) The Joint IP Committee shall determine any required an exclusively licensed issued Patent claiming a product it is developing or desirable action to any such Third Party infringement, which action shall be then be implemented by the Lead IP Party (Infringement Proceedings)commercializing independent of this Agreement. The Parties shall jointly prosecute any such infringement, and shall share equally (50:50) all costs, both internally and externally, associated with any such joint Infringement Proceedingsthe expenses thereto, unless otherwise agreed one Party elects not to enforce, and then the other Party shall have the right, but shall not be obligated, to prosecute an infringement action at its own expense, in writingits own name and entirely under its own direction and control, subject to Section 11.1(d). The Parties non-enforcing Party shall also share equally reasonably assist the enforcing Party (50:50at the enforcing Party’s expense) any damagesin such actions or proceedings if so requested, royaltiesand shall lend its name to such actions or proceedings if requested by the enforcing Party or required by law, settlement fees or other consideration resulting and the enforcing Party shall hold the non-enforcing Party harmless from any such joint Infringement Proceedings, unless otherwise agreed in writing. (iii) The Lead IP liability incurred by the non-enforcing Party shall keep the Non-Lead Party informed of the status arising out 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 Proceedingsproceedings or actions. The Nonnon-Lead enforcing Party shall, at shall have the Lead IP Party’s request, give the Lead Party all reasonable assistance right to participate and be represented in any such joint Infringement Proceedings. (iv) suit by its own counsel at its own expense. No settlement shall of any such action or defense which restricts the scope or affects the enforceability of an Other Joint Patent may be entered into by the Lead IP enforcing Party without the prior written consent of the Nonnon-Lead enforcing Party (such consent to not to be unreasonably withheld withheld, delayed or delayedconditioned).

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 xxxxx any such infringement of any Collaboration IP by any Third Party infringementParty, 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. (iiiii) 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 lawApplicable 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. (iviii) 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).