Infringement Actions Against Third Parties. 7.2.1 Licensee is responsible for notifying the Licensor promptly of any infringement of Licensed Patents (other than Retained Rights) that may come to Licensee’s attention, including 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 Licensed Patents, and any notification received pursuant to subsection (k) of 42 U.S.C § 262 for any Licensed Product that becomes a “reference product.”
7.2.2 As between Licensor and Licensee, but subject to any obligations of Licensor to the REGENXBIO Licensors, Licensor shall have the sole right, but not the obligation, to prosecute any such infringement at its own expense and [*] in connection therewith that are unrelated to the manufacture, use or sale of Licensed Products, with damages recovered in connection with any infringement related to the manufacture, use or sale of Licensed Products shall be [*]. In any action to enforce any of the Licensed Patents, Licensee, at the request and expense of Licensor, shall cooperate to the fullest extent reasonably possible, including in the event that, if Licensor is unable to initiate or prosecute such action solely in its own name, Licensee shall join such action voluntarily and shall execute all documents necessary to initiate litigation to prosecute, maintain, and settle such action. Nothing in this Agreement obligates Licensor to bring or prosecute lawsuits against Third Parties for infringement of any Licensed Patents.
7.2.3 Licensee shall have no right to undertake prosecution of any such infringement.
Infringement Actions Against Third Parties. 7.2.1 Licensee is responsible for notifying Licensor promptly of any infringement of Licensed Patents (other than Retained Rights or, if applicable, Excluded Rights) that may come to Licensee’s attention. Licensee and Licensor shall consult one another in a timely manner concerning any appropriate response to the infringement.
7.2.2 As between Licensor and Licensee, […***…] shall have the first right, but not the obligation, to prosecute any such infringement […***…]. In any action to enforce any of the Licensed Patents, […***…], at the request and expense of […***…], shall cooperate to the fullest extent reasonably possible, including in the event that, if […***…] is unable to initiate or prosecute such action solely in its own name, […***…] shall join such action voluntarily and shall execute all documents necessary to initiate litigation to prosecute, maintain, and settle such action.
7.2.3 Following the first Grant Date under this Agreement, if […***…] elects not to pursue any infringement of a Licensed Patent, then, to the extent that a Licensed Product is covered by any such Licensed Patent and such Licensed Patent is being infringed by another product […***…] (such infringement, the “[…***…] Infringement”), […***…] shall have the second right, but not the obligation, to prosecute such […***…] Infringement with respect to such other product […***…], at […***…] own expense. In any such action to enforce any of the Licensed Patents, […***…], at the request and expense of […***…], shall cooperate to the fullest extent reasonably possible, including in the event that, if […***…] is unable to initiate or prosecute such action solely in its own name, […***…] shall join such action voluntarily and shall execute all documents necessary to initiate litigation to prosecute and maintain such action. In prosecuting any such […***…] Infringement, […***…] (a) shall not take any actions that would be detrimental to the Licensed Patents and […***…] rights with respect thereto […***…] […***…] and (b) shall not settle any such Competitive Infringement without the prior consent of Licensor.
7.2.4 Any recovery of damages by Licensor for any infringement prior to any Grant Date shall be […***…]. After the first Grant Date under this Agreement, (a) any recovery of damages by […***…] for any infringement other than a […***…] Infringement shall be […***…]; and (b) any recovery of damages by the Party undertaking enforcement or defense of a suit for […***…] Infringement shal...
Infringement Actions Against Third Parties. 7.2.1 Licensee is responsible for notifying Licensor promptly of any infringement of Licensed Patents within the Disease Indications (other than Retained Rights) that may come to Licensee’s attention.
7.2.2 As between Licensor and Licensee, but subject to any obligations of Licensor to the ReGenX Licensors, Licensor shall have the sole right, but not the obligation, to prosecute any such infringement [***] recovered in connection therewith. In any action to enforce any of the Licensed Patents, Licensee, at the request and expense of Licensor, shall cooperate to the fullest extent reasonably possible. Nothing in this Agreement obligates Licensor to bring or prosecute lawsuits against Third Parties for infringement of any Licensed Patents.
7.2.3 Licensee shall have no right to undertake prosecution of any such infringement.
Infringement Actions Against Third Parties. 7.2.1 ReGenX and GSK are responsible for notifying each other promptly of any infringement of Penn Patent Rights (other than Retained Rights) which may come to their attention. ReGenX and GSK shall consult one another in a timely manner concerning any appropriate response to the infringement.
7.2.2 To the extent permitted under the Penn License Agreement, ReGenX may prosecute such infringement at its own expense. ReGenX shall not settle or compromise any such suit in a manner that imposes any material obligations or restrictions on GSK or Penn or grants any rights to the Penn Patent Rights other ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. than rights which ReGenX has the right to grant under this Agreement, without GSK’s prior written permission. All monies recovered upon the final judgment or settlement of any such action shall be used (a) first, to reimburse the costs and expenses (including reasonable attorneys’ fees and costs) of ****, **** and ****; (b) second, to **** to account for lost sales or lost profits (to the extent that damages are awarded for lost sales or lost profits from the sale ****); (c) third, to **** to the extent necessary to account for the royalties that would have been payable to **** but for the lost sales or lost profits; and (d) the remainder to the account of the **** that undertake such actions to the relative extent of their financial participation therein.
7.2.3 ReGenX’s rights under Section 7.2 are subject to the continuing right of Penn and GSK to intervene at Penn’s or GSK’s own expense and join ReGenX in any claim or suit for infringement of the Penn Patent Rights. Any consideration received by GSK or Penn in the settlement or award for any claim or suit shall be shared between ReGenX, GSK and Penn as set forth in Section 7.2.2 above.
7.2.4 If ReGenX elects to pursue an infringer under Section 7.2.2 above and ReGenX fails to prosecute such infringement, then GSK may prosecute such infringement at its own expense. In such event, financial recoveries will be entirely retained by GSK.
7.2.5 In any action to enforce any of the Penn Patent Rights, either Party, at the request and expense of the other Party shall cooperate to the fullest extent reasonably possible, including in the event that if either Party is unable to initiate or prosecute such action solely in its own name, the other Party shall join su...
Infringement Actions Against Third Parties. Each party shall notify the other party in writing if it becomes aware of any material infringement by a third party of the intellectual property rights of both parties in the Jointly Owned Technology. The parties shall collaborate to abatx xxx infringement by a third party of their rights in the Jointly Owned Technology; provided, that (i) the parties shall share the cost of any mutually agreed upon actions to abatx xxxh infringement, and (ii) if one party declines to participate in a lawsuit against the alleged third party infringer, then the other party may undertake such lawsuit at its own expense on behalf of both Collagen and Innovasive. Proceeds from any actions described in Section 7.3 (i) should be shared equally. Proceeds from any actions described in Section 7.3 (ii) shall be allocated between the parties in accordance with their respective mutually agreed upon contributions to the cost of such actions.
Infringement Actions Against Third Parties. Xxxxxxx does not by the license provided in this Section 3.02 agree to any obligation to institute any action or suit against any third party for infringement of the Licensed Patents, or to defend any action brought by a third party that challenges or concerns the validity of any of the Licensed Patents.
Infringement Actions Against Third Parties. (a) Shiratori and Censa shall promptly notify each other of any infringement or unauthorized use of any Licensed Technology that may come to their attention. Shiratori shall promptly undertake, at Shiratori’s expense, reasonable efforts to obtain a discontinuance of the aforesaid infringement or unauthorized use and, if not successful, Shiratori shall bring suit against such infringer or unauthorized user. Censa, within a reasonable period of time and at its option and expense, shall have the right to participate in any such suit. Shiratori shall not enter into any settlement agreement with respect to such suit without Censa's consent.
(b) If Shiratori fails to obtain a discontinuance of said infringement or unauthorized use and/or fails to promptly bring suit against such Third Party, then in any such event Shiratori shall give notice in writing to Censa of the circumstance of such infringement or unauthorized use, including such evidence of infringement as Shiratori may possess and the numbers of the patents and patent applications so infringed. Censa may, in its discretion (but is not required to) (i) obtain a discontinuance of the alleged infringing operation or unauthorized use or (ii) bring suit against such Third Party. Any suit by Censa shall be either in the name of Censa, or in the name of Shiratori, or jointly by Censa and Shiratori, as may be required by the law of the forum. For this purpose, Shiratori shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by Censa.
(c) It is understood and agreed that the Party to this Agreement that institutes the suit or action shall bear solely all costs and expenses associated therewith (excepted as otherwise provided in this Agreement) and shall be entitled to retain and keep any and all sums received, obtained, collected or recovered whether by judgment, settlement or otherwise, as a result of such suit. In addition, with respect to any suit for infringement or unauthorized use of the Licensed Know-How and/or Licensed Patents, the Party that did not institute suit, shall render all reasonable assistance to the Party that did institute suit at the assisting Party's cost and expense, including executing all documents as may be reasonably requested by the Party that did institute suit.
(d) Shiratori and Censa shall keep each other fully informed of all efforts to obtain discontinuation of unauthorized uses and infringements.
(e) Infringements also shall in...
Infringement Actions Against Third Parties. If Virata does not, within ninety (90) days after receipt of a notice from Cirrus of a suspected patent infringement within the scope of the Virata Licensed Technology which infringement is having, or Cirrus reasonably determines is likely to have, a material adverse effect on Cirrus, commence action directed towards restraining or enjoining such patent infringement, Cirrus shall be entitled to take such action as it deems necessary or appropriate to enforce Virata's patent rights and restrain such infringement. Virata agrees to cooperate reasonably in any such action initiated by Cirrus, including without limitation supplying essential documentary evidence and making essential witnesses then in Virata's employment available. If Virata initiates and prosecutes any such an action under this Section, Virata shall be responsible for all legal expense (including court costs and attorneys' fees), and Virata shall be entitled to all amounts awarded by way of judgment, settlement or compromise. Similarly, if Cirrus initiates and prosecutes such an action, Cirrus shall be responsible for all legal expenses (including court costs and attorneys' fees) and Cirrus shall be entitled to all amounts awarded by way of judgment, settlement, or compromise.
Infringement Actions Against Third Parties. 7.2.1 Licensee is responsible for notifying Licensor promptly of any infringement of Licensed Patents (other than Retained Rights) that may come to Licensee’s attention.
7.2.2 As between Licensor and Licensee, but subject to any obligations of Licensor to the ReGenX Licensors, Licensor shall have the sole right, but not the obligation, to prosecute any such infringement at its [***] recovered in connection therewith. In any action to enforce any of the Licensed Patents, Licensee, at the request and expense of Licensor, shall cooperate to the fullest extent reasonably possible, including in the event that, if Licensor is unable to initiate or prosecute such action solely in its own name, Licensee shall join such action voluntarily and shall execute all documents necessary to initiate litigation to prosecute, maintain, and settle such action. Nothing in this Agreement obligates Licensor to bring or prosecute lawsuits against Third Parties for infringement of any Licensed Patents.
7.2.3 Licensee shall have no right to undertake prosecution of any such infringement.
Infringement Actions Against Third Parties
