Common use of Enforcement of PATENT RIGHTS by CMCC Clause in Contracts

Enforcement of PATENT RIGHTS by CMCC. If within six (6) months after the date of any notice provided under Section 7.2(a) of this Agreement with respect to any THALIDOMIDE INFRINGEMENT, CELGENE fails to cause such infringement to terminate, to enter into negotiations to sublicense such alleged infringer, or to bring a suit or action to compel termination, or if CELGENE notifies CMCC that it does not intend to take any action in such regard (which CELGENE shall do promptly upon making such decision, and which notice CELGENE shall likewise promptly provide to ENTREMED and BIOVENTURE, to the extent same are INTERESTED PARTIES), CMCC shall thereafter have the sole right, but not the obligation, to cause such infringement to terminate, including without limitation by granting a sublicense hereunder in accordance with Section 7.5 hereof, and/or to bring such suit or action to compel termination at CMCC's sole expense. If within six (6) months after the date of any notice provided under Section 7.2(a) of this Agreement with respect to any NON-THALIDOMIDE INFRINGEMENT, ENTREMED fails to cause such infringement to terminate, to enter into negotiations to sublicense such alleged infringer, or to bring a suit or action to compel termination, or if ENTREMED notifies CMCC that it does not intend to take any action in such regard (which ENTREMED shall do promptly upon making such decision, and which notice ENTREMED shall likewise promptly provide to CELGENE and BIOVENTURE, to the extent same are INTERESTED PARTIES), CMCC shall thereafter have the sole right, but not the obligation, to cause such infringement to terminate, including without limitation by granting a sublicense hereunder in accordance with Section 7.5 hereof, and/or to bring such suit or action to compel termination at CMCC's sole expense. CMCC may join ENTREMED, CELGENE and/or BIOVENTURE as parties as required, at CMCC's sole expense. ENTREMED, CELGENE and BIOVENTURE independently shall each have the right to join, at its own expense, any such suit or action brought by CMCC, to the extent same are INTERESTED PARTIES therein.

Enforcement of PATENT RIGHTS by CMCC. If within six (6) months after the date of any notice provided under Section 7.2(a) of this Agreement with respect to any THALIDOMIDE INFRINGEMENT, CELGENE fails to cause such infringement to terminate, to enter into negotiations to sublicense such alleged infringer, or to bring a suit or action to compel termination, or if CELGENE notifies CMCC that it does not intend to take any action in such regard (which CELGENE shall do promptly upon making such decision, and which notice CELGENE shall likewise promptly provide to ENTREMED and BIOVENTURE, to the extent same are INTERESTED PARTIES), CMCC shall thereafter have the sole right, but not the obligation, to cause such infringement to terminate, including without limitation by granting a sublicense hereunder in accordance with Section 7.5 hereof, and/or to bring such suit or action to compel termination at CMCC's sole expense. If within six (6) months after the date of any notice provided under Section 7.2(a) of this Agreement with respect to any NON-THALIDOMIDE INFRINGEMENT, ENTREMED fails to cause such infringement to terminate, to enter into negotiations to sublicense such alleged infringer, or to bring a suit or action to compel termination, or if ENTREMED notifies CMCC that it does not intend to take any action in such regard (which ENTREMED shall do promptly upon making such decision, and which notice ENTREMED shall likewise promptly provide to CELGENE and BIOVENTURE, to the extent same are INTERESTED PARTIES), CMCC shall thereafter have the -45- <PAGE> sole right, but not the obligation, to cause such infringement to terminate, including without limitation by granting a sublicense hereunder in accordance with Section 7.5 hereof, and/or to bring such suit or action to compel termination at CMCC's sole expense. CMCC may join ENTREMED, CELGENE and/or BIOVENTURE as parties as required, at CMCC's sole expense. ENTREMED, CELGENE and BIOVENTURE independently shall each have the right to join, at its own expense, any such suit or action brought by CMCC, to the extent same are INTERESTED PARTIES therein.