Common use of Hospital Right to Prosecute Clause in Contracts

Hospital Right to Prosecute. Hospital will protect its Intellectual Property Rights from infringement and prosecute infringers when, in its sole judgment, such action may be reasonably necessary, proper and justified. If Company shall have supplied Hospital with written evidence demonstrating to Hospital’s reasonable satisfaction prima facie infringement of Hospital’s Intellectual Property Rights, including a claim of a Patent Right, in the License Field in the License Territory by a third party which poses a material threat to Company’s rights under this Agreement, Company may by notice request Hospital to take steps to protect such Intellectual Property Right. Hospital shall notify Company within Three (3) months of the receipt of such notice whether Hospital intends to prosecute the alleged infringement. If Hospital notifies Company that it intends to so prosecute, Hospital shall, within Three (3) months of its notice to Company either:

Hospital Right to Prosecute. Hospital will protect its Intellectual Property Patent Rights from infringement and prosecute infringers when, in its sole judgment, such action may be reasonably necessary, proper and justified. If Company shall have supplied Hospital with written evidence demonstrating to Hospital’s reasonable satisfaction prima facie infringement of Hospital’s Intellectual Property Rights, including a claim of a Patent Right, Right in the License Field in the License Territory by a third party which poses a material threat to Company’s rights under this Agreement, Company may by notice request Hospital to take steps to protect enforce such Intellectual Property RightPatent Right against such alleged third party infringer. Hospital shall notify Company within Three three (3) months of the receipt of such notice whether Hospital intends to prosecute the alleged infringement. If Hospital notifies Company that it intends to so prosecute, Hospital shall, within Three three (3) months of its notice to Company either:either (i) cause such infringement to terminate, or (ii) initiate legal proceedings against the infringer.