Enforcement Rights for Infringement by Third Parties. 1.1.1 Xencor and Genentech shall notify the other within [***] of becoming aware of any alleged or threatened infringement by a Third Party of any [***] through the manufacture, use, offer for sale, sale or importation of a product, or any “patent certification” filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) CONFIDENTIAL or similar provisions in other jurisdictions alleging the invalidity, unenforceability or non-infringement of any [***] . Xencor and Genentech shall notify the other within [***] of becoming aware of any alleged or threatened infringement by a Third Party of [***] through the manufacture, use, offer for sale, sale or importation of a product, or any “patent certification” filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions alleging the invalidity, unenforceability or non-infringement of any [***].
Enforcement Rights for Infringement by Third Parties. 10.4.1 Notice. [*****]
Enforcement Rights for Infringement by Third Parties at the enforcing Party’s cost and expense. The Parties shall coordinate with respect to enforcement strategies in the KK Territory in the Field, and KK shall have the final decision-making authority with regard to any enforcement and defense of matters within the KK Territory in the Field; provided that KK shall work in good faith with and reasonably consider input of Tempus with regard to such matters, [***].
Enforcement Rights for Infringement by Third Parties
