Common use of Enforcement of Licensed Patent Rights Clause in Contracts

Enforcement of Licensed Patent Rights. BMS (and/or its Affiliates) will have the right but will not be obligated, to bring an infringement action at its own expense, in its own name and entirely under its own direction and control, subject to the following: (i) BMS, the MPP and each Sublicensee will reasonably assist each other (at their own respective expense) in any action or proceeding being prosecuted if so requested by BMS, MPP and/or each Sublicensee, and such reasonable assistance is necessary for BMS the MPP, and/or each Sublicensee to fully exercise its rights under such proceeding; (ii) The MPP will have the right but will not be obligated, to participate and be represented in any such suit by its own counsel at its own expense; and (iii) BMS may enter into a settlement of any such action or proceeding to restrict the scope of the Licensed Patent Rights at its sole discretion.

Enforcement of Licensed Patent Rights. BMS (and/or its Affiliates) will have the right but will not be obligated, to bring an infringement action at its own expense, in its own name and entirely under its own direction and control, subject to the following: (i) BMS, the MPP and each the Sublicensee will reasonably assist each other (at their own respective expense) in any action or proceeding being prosecuted if so requested by BMS, MPP and/or each the Sublicensee, and such reasonable assistance is necessary for BMS BMS, MPP and/or the MPP, and/or each Sublicensee to fully exercise its rights under such proceeding; (ii) The MPP Sublicensee will have the right but will not be obligated, to participate and be represented in any such suit by its own counsel at its own expense; and (iii) BMS may enter into a settlement of any such action or proceeding to restrict which restricts the scope scope, or adversely affects the enforceability, of the a Licensed Patent Rights Right at its sole discretion.