Common use of Enforcement of Patents Clause in Contracts

Enforcement of Patents. Throughout the term of this Agreement, DMC shall maintain in force the Licensed Patents. In this connection, DMC shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, DMC shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be necessary in this regard. Unless DMC shall have received the advice of counsel that success on the merits is reasonably certain, DMC shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Licensee shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Market. In the event DMC fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from Licensee, Licensee shall be entitled by itself to take proceedings in the name of and with the cooperation of DMC to restrain any such infringement at Licensee's expense and for Licensee's benefit. Where Licensee proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, Licensee shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require DMC's participation and express prior written approval. If DMC has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by DMC and Licensee.

Enforcement of Patents. Throughout the term of this Agreement, DMC NCT shall maintain in force the Licensed Patents. In this connection, DMC NCT shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, DMC NCT shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be necessary in this regard. Unless DMC NCT shall have received the advice of counsel that success on the merits is reasonably certain, DMC NCT shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Licensee SHARP shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Market. In the event DMC NCT fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from LicenseeSHARP, Licensee SHARP shall be entitled by itself to take proceedings in the name of and with the cooperation of DMC NCT to restrain any such infringement at LicenseeSHARP's expense and for LicenseeSHARP's benefit. Where Licensee SHARP proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, Licensee SHARP shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require DMCNCT's participation and express prior written approval. If DMC NCT has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by DMC NCT and LicenseeSHARP.

Enforcement of Patents. Throughout the term of this Agreement, DMC ARTERA shall maintain in force the Licensed Patents. The Licensed Patents are all the patents and/or other filings necessary to protect ARTERA's ownership of the Licensed Products. In this connection, DMC ARTERA shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, DMC ARTERA shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be necessary in this regard. Unless DMC ARTERA shall have received the advice of counsel that success on the merits is reasonably certain, DMC ARTERA shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Licensee shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Market. In the event DMC ARTERA fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from Licensee, Licensee shall be entitled by itself to take institute proceedings in the name of and with the cooperation of DMC ARTERA to restrain any such infringement at Licensee's expense and for Licensee's benefit. Where Licensee proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, Licensee shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent patent, whether in connection with an enforcement action or any other proceeding proceeding, shall require DMCARTERA's participation and express prior written approval. If DMC ARTERA has elected to participate in and share in the expense of any such enforcement action, ARTERA and Licensee shall share any award shall be in the same percentage as the parties shared equally by DMC and Licenseethe expenses of any such enforcement action.

Enforcement of Patents. Throughout the term of this Agreement, DMC NCT shall maintain in force the Licensed Patents. In this connection, DMC NCT shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, DMC NCT shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be necessary in this regard. Unless DMC NCT shall have received the advice of counsel that success on the merits is reasonably certain, DMC NCT shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Licensee shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Market. In the event DMC NCT fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from Licensee, Licensee shall be entitled by itself to take proceedings in the name of and with the cooperation of DMC NCT to restrain any such infringement at Licensee's expense and for Licensee's benefit. Where Licensee proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, Licensee shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require DMCNCT's participation and express prior written approval. If DMC NCT has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by DMC NCT and Licensee.

Enforcement of Patents. Throughout the term of this Agreement, DMC NCT shall maintain in force the Licensed Patents. In this connection, DMC NCT shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, DMC NCT shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be reasonably necessary in this regard. Unless DMC NCT shall have received the advice of counsel that success on the merits is reasonably certain, DMC NCT shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Licensee Network Station Affiliate shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the MarketGeographic Station Area. In the event DMC NCT fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from Licenseethe Network Station Affiliate, Licensee the Network Station Affiliate shall be entitled by itself to take proceedings in the name of and with the cooperation of DMC NCT to restrain any such infringement at Licenseethe Network Station Affiliate's expense and for Licenseethe Network Station Affiliate's benefit. Where Licensee the Network Station Affiliate proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, Licensee the Network Station Affiliate shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require DMCNCT's participation and express prior written approval. If DMC NCT has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by DMC NCT and Licenseethe Network Station Affiliate.