Enforcement of MAS Technology against Third Parties. LumiCyte shall have the right, but not the obligation, to enforce at its expense any patent contained in the Subject Technology against infringement by Third Parties and shall be entitled to retain recovery from such enforcement. In the event that LumiCyte does not file suit against a substantial infringer of such patents within six (6) months of knowledge thereof, then MAS shall have the right, but not the obligation, to enforce at its expense any patent contained in the MAS Technology against infringement by Third Parties and shall be entitled to retain recovery from such enforcement.
Appears in 3 contracts
Samples: Technology Transfer Agreement (Ciphergen Biosystems Inc), Technology Transfer Agreement (Ciphergen Biosystems Inc), Technology Transfer Agreement (Ciphergen Biosystems Inc)
Enforcement of MAS Technology against Third Parties. LumiCyte LumiGen shall have the right, but not the obligation, to enforce at its expense any patent contained in the Subject Technology against infringement by Third Parties and shall be entitled to retain recovery from such enforcement. In the event that LumiCyte LumiGen does not file suit against a substantial infringer of such patents within six (6) months of knowledge thereof, then MAS shall have the right, but not the obligation, to enforce at its expense any patent contained in the MAS Technology against infringement by Third Parties and shall be entitled to retain recovery from such enforcement.
Appears in 3 contracts
Samples: Technology Transfer Agreement (Ciphergen Biosystems Inc), Technology Transfer Agreement (Ciphergen Biosystems Inc), Technology Transfer Agreement (Ciphergen Biosystems Inc)