Common use of Infringement Actions by Third Parties Clause in Contracts

Infringement Actions by Third Parties. In the event that the making, selling or using of a Licensed Product in the Licensed Field infringes the intellectual property rights of others, LICENSEE will have the first right to control any negotiation or litigation with respect thereto; however no settlement, consent judgment or other voluntary final disposition of the infringement allegation may be entered into without the written consent, which shall not be unreasonably withheld, of LICENSOR.

Appears in 3 contracts

Samples: Exclusive License Agreement (ReShape Lifesciences Inc.), Exclusive License Agreement (Intiva BioPharma Inc.), Exclusive License Agreement (Intiva BioPharma Inc.)

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Infringement Actions by Third Parties. In the event that the making, selling or using of a Licensed Product in the Licensed Field infringes the intellectual property rights of others, LICENSEE will have the first right to control any negotiation or litigation with respect thereto; however no settlement, consent judgment or other voluntary final disposition of the infringement allegation may be entered into without the written consent, which shall not be unreasonably withheld, of LICENSOR.

Appears in 1 contract

Samples: License Agreement (Prestwick Pharmaceuticals Inc)

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Infringement Actions by Third Parties. In the event that the making, selling or using of a Licensed Product in the Licensed Field infringes the intellectual property rights of others, LICENSEE Licensee will have the first right to control any negotiation or litigation with respect thereto; however however, no settlement, consent judgment or other voluntary final disposition of the infringement allegation may be entered into without the written consent, which shall not be unreasonably withheld, of LICENSORLicensor.

Appears in 1 contract

Samples: Exclusive License Agreement (Intiva BioPharma Inc.)

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