Common use of Enforcement of Patents Clause in Contracts

Enforcement of Patents. 10.1.1. It shall be the obligation of Licensor, at its sole cost and expense, in Licensor’s name, to protect and enforce the Patents and to prosecute or settle any third party infringement of the Patents during the Term. Licensor shall not enter into any settlement, consent judgment or other voluntary final disposition of the matter without the prior written consent of Licensee, which shall not be unreasonably withheld or delayed. Any recovery obtained in an action brought by Licensor shall be distributed as follows: (i) Licensor shall be reimbursed for any and all expenses and attorneys’ fees incurred in the action; and (ii) the parties shall share equally in the remaining damages award, whether it be for ordinary, special or punitive damages. 10.1.2. If Licensor determines, for any reason, not to diligently enforce the Patents (in which case Licensor will promptly notify Licensee in writing of the same) or if it comes to the attention of Licensee that Licensor, for any reason, is not diligently enforcing the Patents then (i) Licensee will have the right to enforce the Patents at Licensee’s sole expense, (ii) if requested by Licensee, Licensor will cooperate in Licensee’s prosecution or defense of any litigation or settlement activities hereunder, provided that Licensee will reimburse Licensor for all reasonable costs incurred by Licensor as a result of such cooperation and (iii) any recoveries will be awarded solely and exclusively to Licensee.

Enforcement of Patents. 10.1.1. It shall be the obligation of Licensor, at its sole cost and expense, in Licensor’s 's name, to protect and enforce the Patents and to prosecute or settle any third party infringement of the Patents during the Termterm of this Agreement. Licensor shall not enter into any settlement, consent judgment or other voluntary final disposition of the matter without the prior written consent of Licensee, which shall not be unreasonably withheld or delayed. Any recovery obtained in an action brought by Licensor shall be distributed as follows: : (i) Licensor shall be reimbursed for any and all expenses and attorneys’ ' fees incurred in the action; and (ii) the parties shall share equally in the remaining damages award, whether it be for ordinary, special or punitive damages. 10.1.2. If Licensor determines, for any reason, not to diligently enforce the Patents (in which case Licensor will promptly notify Licensee in writing of the same) or if it comes to the attention of Licensee that Licensor, for any reason, is not diligently enforcing the Patents then (i) Licensee will have the right to enforce the Patents at Licensee’s 's sole expense, (ii) if requested by Licensee, Licensor will cooperate in Licensee’s 's prosecution or defense of any litigation or settlement activities hereunder, provided that Licensee will reimburse Licensor for all reasonable costs incurred by Licensor as a result of such cooperation and (iii) any recoveries will be awarded solely and exclusively to Licensee.

Enforcement of Patents. 10.1.1. (a) It shall be the obligation of Licensor, at its sole cost and expense, in Licensor’s name, to protect and enforce the Patents and to prosecute or settle any third party infringement of the Patents during the TermTerm of this Agreement. Licensor shall not enter into any settlement, consent judgment or other voluntary final disposition of the matter without the prior written consent of At no cost to Licensee, which Licensee shall not be unreasonably withheld or delayedjoin any proceeding as necessary for Licensor to protect and enforce the Patents as described above. Any recovery obtained in an action brought by Licensor shall be distributed as follows: (i) Licensor shall first be reimbursed for any and all expenses and attorneys’ fees incurred by Licensor in connection with the action; and (ii) the parties Licensor shall share equally in the remaining damages be entitled to any award, whether it be for ordinary, special or punitive damages. Notwithstanding any language to the contrary, in the event that Licensee is a party to the proceeding described above, Licensee shall be entitled to the portion of any award attributable to losses or damages suffered by Licensee as a result of the third party infringement. 10.1.2. (b) If Licensor determines, for any reason, determines not to diligently enforce the Patents (in which case Licensor will shall promptly notify Licensee in writing of the same) or if it comes to the attention of Licensee that Licensor, for any reason, Licensor is not diligently enforcing the Patents then then, subject to the rights of Licensor and any Sublicensees of the Patents (i) Licensee will have the right to enforce the Patents and to prosecute or settle any third party infringement of the Patents during the Term of this Agreement, at Licensee’s sole expense, (ii) if requested by Licensee, Licensor will cooperate in Licensee’s prosecution or defense of any dispute resolution, litigation or settlement activities hereunder, provided that Licensee will reimburse Licensor for all reasonable costs incurred by Licensor as a result of such cooperation cooperation, and (iii) Licensee shall be entitled to the portion of any recoveries will recovery obtained in an action brought by Licensee hereunder, which portion shall be awarded solely distributed as follows: (A) Licensee shall first be reimbursed for any and exclusively all expenses and attorneys’ fees incurred by Licensee in connection with such action; and (B) Licensee shall be entitled to Licenseethe portion of the recovery that is attributable to losses or damages suffered by Licensee as a result of the third party infringement.

Enforcement of Patents. 10.1.1. It shall be the obligation of Licensor, at its sole cost and expense, in Licensor’s name, to protect and enforce the Patents and to prosecute or settle any third party infringement of the Patents during the Term. Licensor shall not enter into any settlement, consent judgment or other voluntary final disposition of the matter without the prior written consent of Licensee, which shall not be unreasonably withheld or delayed. Any recovery obtained in an action brought by Licensor shall be distributed as follows: : (i) Licensor shall be reimbursed for any and all expenses and attorneys’ fees incurred in the action; and (ii) the parties shall share equally in the remaining damages award, whether it be for ordinary, special or punitive damages. 10.1.2. If Licensor determines, for any reason, not to diligently enforce the Patents (in which case Licensor will promptly notify Licensee in writing of the same) or if it comes to the attention of Licensee that Licensor, for any reason, is not diligently enforcing the Patents then (i) Licensee will have the right to enforce the Patents at Licensee’s sole expense, (ii) if requested by Licensee, Licensor will cooperate in Licensee’s prosecution or defense of any litigation or settlement activities hereunder, provided that Licensee will reimburse Licensor for all reasonable costs incurred by Licensor as a result of such cooperation and (iii) any recoveries will be awarded solely and exclusively to Licensee.

Enforcement of Patents. 10.1.1. (a) It shall be the obligation of Licensor, at its sole cost and expense, in Licensor’s name, to protect and enforce the Patents and to prosecute or settle any third party infringement of the Patents during the Termterm of this Agreement. At no cost to Sublicensor or Sublicensee, Sublicensor shall join any proceeding as necessary for Licensor shall not enter into any settlement, consent judgment or other voluntary final disposition of to protect and enforce the matter without the prior written consent of Licensee, which shall not be unreasonably withheld or delayedPatents as described above. Any recovery obtained in an action brought by Licensor shall be distributed as follows: (i) Licensor shall first be reimbursed for any and all expenses and attorneys’ fees incurred in the action; and (ii) the parties Licensor shall share equally in the remaining damages be entitled to any award, whether it be for ordinary, special or punitive damages. Notwithstanding any language to the contrary, in the event that Sublicensee is a party to the proceeding described above Sublicensee shall be entitled to any portion of the award attributable to losses or damages suffered by Sublicensee as a result of the third party infringement. 10.1.2. (b) If Licensor determines, for any reason, determines not to diligently enforce the Patents (in which case Licensor will shall promptly notify Licensee Sublicensor and Sublicensee in writing of the same) or if it comes to the attention of Licensee Sublicensee that Licensor, for any reason, Licensor is not diligently enforcing the Patents then then, subject to the rights of Licensor and other licensees of the Patents (i) Licensee Sublicensee will have the right to enforce the Patents at LicenseeSublicensee’s sole expense, (ii) if requested by LicenseeSublicensee, Licensor and Sublicensor will cooperate in LicenseeSublicensee’s prosecution or defense of any dispute resolution, litigation or settlement activities hereunder, provided that Licensee Sublicensee will reimburse Licensor for all reasonable costs incurred by Licensor as a result of such cooperation cooperation, and (iii) any recoveries will be awarded solely to Sublicensor and exclusively Sublicensee (and any other participating licensees or sublicensees) in an amount that is proportional to Licenseetheir costs in so enforcing the Patents.