Common use of Enforcement of Patents and Trademarks Clause in Contracts

Enforcement of Patents and Trademarks. (a) If either party considers that any Patent Rights in the Field and in the Territory are being infringed by a third party’s activities, it shall notify the other party and provide it with any evidence of such infringement that is reasonably available. Upon written notice to Glycomed, ParinGenix shall have the first right, but not the obligation, at its own expense to attempt to remove such infringement by commercially appropriate steps, including filing an infringement suit or taking other similar action. If required by law in order for ParinGenix to prosecute such suit, Glycomed shall join such suit as a party, at ParinGenix’ expense; and, in such instance, Glycomed shall be represented by counsel chosen by ParinGenix. In the event ParinGenix fails to take commercially appropriate steps with respect to an infringement that is likely to have a material adverse effect on the sale of a Licensed Product in the Territory within three (3) months following notice of such infringement, Glycomed shall