Common use of Infringement Action Clause in Contracts

Infringement Action. (i) Subject to Section 6.3(b)(ii), Alnylam shall have the right to initiate a suit or take other appropriate action that it believes is reasonably required to protect the Alnylam Intellectual Property, including a defense to a claim of invalidity or unenforceability. Thereafter, Alnylam shall keep Novartis promptly informed, and shall from time to time consult with Novartis regarding the status of any such suit or action and shall provide Novartis with copies of all material documents (e.g., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action. (ii) Novartis shall have the sole and exclusive right to initiate a suit under Alnylam Intellectual Property or take other appropriate action that it believes is reasonably required to protect Novartis Sole Inventions, a Discovered RNAi Compound or a Licensed Product. Novartis shall give Alnylam advance notice of its intent to file any such suit or take any such action and the reasons therefor, and shall provide Alnylam with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Novartis shall keep Alnylam promptly informed, and shall from time to time consult with Alnylam regarding the status of any such suit or action and shall provide Alnylam with copies of all material documents (e.g., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action.

Infringement Action. (i) Subject to Section 6.3(b)(ii), Alnylam shall have the initial right to initiate a suit or take other appropriate action that it believes is reasonably required to protect the Alnylam Intellectual Property. To the extent that any such suit or actions pertains to Licensed Products, including a defense Alnylam shall give Medtronic advance notice of its intent to a claim of invalidity file any such suit or unenforceabilitytake any such action and the reasons therefor, and shall provide Medtronic with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Alnylam shall keep Novartis Medtronic promptly informed, and shall from time to time consult with Novartis Medtronic regarding the status of any such suit or action and shall provide Novartis Medtronic with copies of all material documents (e.g., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action. (ii) Novartis Medtronic shall have the sole and exclusive right to initiate a suit under Alnylam Intellectual Property or take other appropriate action that it believes is reasonably required to protect Novartis Sole InventionsMedtronic Intellectual Property. To the extent that any such suit or actions pertains to Licensed Products, a Discovered RNAi Compound or a Licensed Product. Novartis Medtronic shall give Alnylam advance notice of its intent to file any such suit or take any such action and the reasons therefor, and shall provide Alnylam with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Novartis Medtronic shall keep Alnylam promptly informed, and shall from time to time consult with Alnylam regarding the status of any such suit or action and shall provide Alnylam with copies of all material documents (e.g., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action.the

Infringement Action. (i) Subject to Section 6.3(b)(ii), Alnylam i. NitroMed shall have the initial right to initiate a suit or take other appropriate action that it believes is reasonably required to protect the Alnylam NitroMed Intellectual Property. To the extent that any such suit or actions pertains to Royalty-Bearing Products, including a defense NitroMed shall give BSC sufficient advance notice of its intent to a claim of invalidity file any such suit or unenforceabilitytake any such action and the reasons therefor, and shall provide BSC with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Alnylam NitroMed shall keep Novartis BSC promptly informed, and shall from time to time consult with Novartis BSC regarding the status of any such suit or action and shall provide Novartis BSC with copies of all material documents (e.g.i.e., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action. (ii) Novartis . BSC shall have the sole and exclusive initial right to initiate a suit under Alnylam Intellectual Property or take other appropriate action that it believes is reasonably required to protect Novartis Sole Inventionsthe BSC Intellectual Property. To the extent that any such suit or actions pertains to Royalty-Bearing Products, a Discovered RNAi Compound or a Licensed Product. Novartis BSC shall give Alnylam NitroMed sufficient advance notice of its intent to file any such suit or take any such action and the reasons therefor, and shall provide Alnylam NitroMed with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Novartis BSC shall keep Alnylam NitroMed promptly informed, and shall from time to time consult with Alnylam NitroMed regarding the status of any such suit or action and shall provide Alnylam NitroMed with copies of all material documents (e.g.i.e., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action.

Infringement Action. (i) Subject to Section 6.3(b)(ii), Alnylam 5.3.2.1 Neurologix shall have the right sole and exclusive right, but not the obligation, to initiate a suit or take other appropriate action that it believes is reasonably required to protect the Alnylam Biologic-Related Program Intellectual Property. To the extent that any such suit or actions pertains to Products, including a defense Neurologix shall give Medtronic advance notice of its intent to a claim of invalidity file any such suit or unenforceabilitytake any such action and the reasons therefor, and shall provide Medtronic with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Alnylam Neurologix shall keep Novartis Medtronic promptly informed, and shall from time to time consult with Novartis Medtronic regarding the status of any such suit or action and shall provide Novartis Medtronic with copies of all material documents (e.g., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action. For the avoidance of doubt, Medtronic shall have no right to enforce any solely owned intellectual property rights of Neurologix. (ii) Novartis 5.3.2.2 Medtronic shall have the sole and exclusive right right, but not the obligation, to initiate a suit under Alnylam Intellectual Property or take other appropriate action that it believes is reasonably required to protect Novartis Sole InventionsProduct-Related Intellectual Property. To the extent that any such suit or actions pertains to Biologics, a Discovered RNAi Compound or a Licensed Product. Novartis Medtronic shall give Alnylam Neurologix advance notice of its intent to file any such suit or take any such action and the reasons therefor, and shall provide Alnylam Neurologix with an opportunity to make suggestions and comments regarding such suit or action. Thereafter, Novartis Medtronic shall keep Alnylam Neurologix promptly informed, and shall from time to time consult with Alnylam Neurologix regarding the status of any such suit or action and shall provide Alnylam Neurologix with copies of all material documents (e.g., complaints, answers, counterclaims, material motions, orders of the court, memoranda of law and legal briefs, interrogatory responses, depositions, material pre-trial filings, expert reports, affidavits filed in court, transcripts of hearings and trial testimony, trial exhibits and notices of appeal) filed in, or otherwise relating to, such suit or action. For the avoidance of doubt, Neurologix shall have no right to enforce any solely owned intellectual property rights of Medtronic. 5.3.2.3 Each Party will as promptly as practicable notify the other in writing upon learning of any infringement of any patent or other Intellectual Property included in the Jointly Owned Intellectual Property (the "Infringement Notice"). Medtronic shall have the initial right to initiate a suit or take other appropriate action that it believes is reasonably required to protect Jointly Owned Intellectual Property (an "Enforcement Action"). If within one hundred twenty (120) days after receiving the applicable Infringement Notice from Neurologix, Medtronic does not either persuade the alleged infringer to desist its alleged infringing activity or commence an Enforcement Action, Neurologic will have the right to commence, prosecute and control an Enforcement Action, but only against an alleged infringer that is making or selling a biologic related to the alleged infringement.