Enforcement of Patent Rights; Defense of Infringement Actions. Dyax and Genzyme shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications for which it is responsible pursuant to Section 9.2 above or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use or sale of a Collaboration Product or because of attempts to invalidate Patent Rights.
Enforcement of Patent Rights; Defense of Infringement Actions. Each Party shall promptly notify the other in writing of any Third Party infringement in the Field of any patents or patent applications for which it or one of its Affiliates is responsible pursuant to Section 9.2 above or if any allegation of infringement is made against either Party or any of its Affiliates by a Third Party because of the manufacture, use or sale of a Collaboration Product or because of attempts to invalidate Patent Rights.
Enforcement of Patent Rights; Defense of Infringement Actions. Diacrin and Genzyme shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications comprising the Diacrin or Genzyme Patent Rights or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use or sale of a Collaboration Product.
Enforcement of Patent Rights; Defense of Infringement Actions. GelTex and Genzyme shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications for which they are responsible pursuant to Section 9.2 above or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use or sale of a Collaboration Product or because of attempts to invalidate Genzyme or GelTex Patent Rights.
Enforcement of Patent Rights; Defense of Infringement Actions. GTC and Genzyme shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications for which it is responsible pursuant to Section 9.2 above or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use or sale of a Collaboration Product or because of attempts to invalidate Patent Rights.
Enforcement of Patent Rights; Defense of Infringement Actions. The Licensee and Axcelis shall each promptly notify the other in writing of any alleged or threatened infringement of any Patents licensed hereunder or if either party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a third party for infringement of a third party patent due to the manufacture, use or sale of a Product or attempts to invalidate the Patents.
Enforcement of Patent Rights; Defense of Infringement Actions. COMPANY and HOSPITAL each promptly, but in any event no later than [***] after receipt of notice or after becoming aware of an action, shall notify the other in writing of any patent nullity actions, any declaratory judgment actions or any alleged or threatened invalidity or unenforceability infringement of PATENT RIGHTS, or if either PARTY, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party alleging infringement of PATENT RIGHTS arising from this AGREEMENT.”
Enforcement of Patent Rights; Defense of Infringement Actions. Each Party shall promptly notify the other in writing of any actual or threatened Third Party infringement in the Field within or outside of the Territory of a GTC Patent Right, XXX Patent Right or jointly owned Patent Right related to the Program, including infringement arising from the manufacture, use, or sale of a product competitive with a Product that is being developed or commercialized by XXX (“Competitive Product Infringement”).
(a) Infringement of GTC Patent Rights and jointly owned Patent Rights. GTC will have the first right, but not the obligation, to bring, at its own expense and in its sole control, an appropriate action against a Third Party engaged in any Competitive Product Infringement of a GTC Patent Right or jointly owned Patent Right. If GTC does not bring such action within ninety (90) days of notification thereof between the Parties pursuant to Article 10.8, XXX will have the right, but not the obligation, to bring at the expense of XXX and in its sole control, such appropriate action to the extent such Competitive Product Infringement involves a jointly owned Patent Right or a GTC Patent Right to which XXX has a license under this Agreement. GTC will have the right, but not the obligation, to bring, at its own expense and in its sole control, an appropriate action against a third party engaged in any infringement of a GTC Patent Right that is not a Competitive Product Infringement. The Party not bringing an action under this Article 10.8 will be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and will cooperate fully with the Party bringing such action.
Enforcement of Patent Rights; Defense of Infringement Actions. (a) GTC, on its own behalf and on behalf of ATIII LLC, and Genzyme shall each promptly notify the other in writing of any alleged or threatened infringement of any Patent Rights that it owns or for which it is responsible pursuant to Section 4.1 above or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement because of the manufacture, use or sale of a Collaboration Product or because of attempts to invalidate such Patent Rights.
(b) Each of GTC and Genzyme shall have the first right to respond to or defend against such challenge or infringement of the Patent Rights that it owns or for which it is responsible pursuant to Section 4.1 above. In the case of any Genzyme/GTC Patent Rights, and in the event such Party elects to so respond or defend, the other Party will cooperate with the responding Party's legal counsel, join in such suits as may be brought by the responding Party to enforce such Patent Rights, and be available at the responding Party's reasonable request to be an expert witness or otherwise to assist in such proceedings.
(c) The costs incurred on and after the date hereof (i) in responding to or defending against a challenge to or infringement of a Party's Patent Rights specific to the Field or a charge that the manufacture, use or sale of Collaboration Products infringes upon the Patent Rights of Third Parties, (ii) in settling any such actions (which settlement may not be done without the prior written consent of GTC) and (iii) as damages paid as a result of such actions shall be borne, in the case of any GTC Patent Rights, by GTC and, in the case of any Genzyme Patent Rights or Genzyme/GTC Patent Rights, by GTC at its election, and otherwise by Genzyme or the Party responsible therefor pursuant to Section 4.1 above; PROVIDED that, any such election of GTC shall be conditioned upon, unless GTC shall expressly waive any such performance, that GTC shall be reasonably satisfied that Genzyme (x) shall have complied in all material respects with the terms of the Original Collaboration Agreement and this Agreement in connection with such Genzyme/GTC Patent Rights, (y) shall not have acted grossly negligent or committed any misconduct with respect to such challenge or infringement, and (z) shall have assigned irrevocably and otherwise conveyed Genzyme's right, title and interest in and to such Patent Rights to GTC.
Enforcement of Patent Rights; Defense of Infringement Actions. Cyberkinetics and NEUROMetrix shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications comprising the Cyberkinetics Patent Rights, NEUROMetrix Patent Rights or Joint Patent Rights, or if any Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use, importation, or sale of a Collaboration Product.
