Infringement by a Third Party. (A) In the event of Ascendis or the Licensee becoming aware of any suspected infringement or any unauthorised use by a Third Party of any of the Ascendis Patents, Ascendis Technical Information, Ascendis Program IP, Licensee Program IP, and/or the Joint Program IP in the Field in the Territory, the Party becoming aware of the same shall promptly notify the other Party.
(B) Where such suspected infringement or unauthorised use is of the Ascendis Patents or Ascendis Technical Information (including those within the Joint Program IP and/or Ascendis Program IP), in each case (i) outside the Territory, or (ii) inside the Territory but outside the Field, Ascendis shall, at its own expense, have the exclusive right, but not the obligation, to take or threaten any legal action that it deems appropriate to halt such suspected infringement and to retain any amounts recovered in respect of such suspected infringement or unauthorised use. Termination and/or settlement of the litigation are at the sole discretion of Ascendis (i.e., without the prior consent of the Licensee), provided such termination or settlement does not impose a liability (monetary or otherwise) on Licensee or limit the rights of Licensee under this Agreement, or otherwise materially impair Licensee’s rights in the relevant Ascendis Patent in each case without Licensee’s prior written consent.
(C) Where such suspected infringement or unauthorised use is of the Ascendis Patents Ascendis Technical Information (including those within the Joint Program IP and/or any Ascendis Program IP), in each case in the Field in the Territory, the Licensee shall, at its own expense, have the first right, but not the obligation to take or threaten any legal action that it deems appropriate to halt such suspected infringement (provided that [***]). Each Party shall retain the following percent of any remaining amounts recovered in respect of such suspected infringement or unauthorised use after the Licensee has recouped its expenses: the Licensee shall retain [***] percent ([***]%) and Ascendis shall retain [***] percent ([***]%). Termination and/or settlement of the litigation are at the sole discretion of the Licensee (i.e., without the prior consent of Ascendis), provided such termination or settlement does not impose a liability (monetary or otherwise) on Ascendis or limit the rights of Ascendis under this Agreement, or otherwise materially impair Ascendis’s rights in the relevant Ascendis Patent in each case with...
Infringement by a Third Party. Each Party shall promptly give Notice to the other Party when it becomes aware of any actual, suspected, or threatened Infringement of the Intellectual Property, Systems and/or Trademarks by a third party in the Territory. Canopy and/or a Licensor shall, in that case, take any steps it considers reasonably necessary in its sole discretion to enforce its Intellectual Property Rights and Trademark Rights at its own expense. The Licensee shall, at Canopy’s expense, cooperate with Canopy and/or the Licensors to the fullest possible extent.
Infringement by a Third Party. In the event that either party becomes aware that a Compound or a Product being made, used or sold by a Third Party infringes the Patent Rights licensed hereunder, such party shall promptly advise the other party of all known facts and circumstances relating thereto. Licensor shall have the first right to enforce at Licensor’s sole expense the Patent Rights licensed under this Agreement against infringement by third parties. Licensee shall reasonably cooperate in any such enforcement and, if necessary, join as a party therein, at the expense of Licensor. Licensor shall have the right to retain 100% of the proceeds of any such enforcement action. In the event that Licensor does not file suit against or commence settlement negotiations with a substantial infringer of the Patent Rights within six (6) months after receipt of and a written demand from Licensee that Licensor bring suit, then Licensee shall have the right to enforce at its own expense any patent licensed hereunder on behalf of itself and Licensor, Licensor shall reasonably cooperate with Licensee, at the expense of Licensee. In this case, Licensee shall have the right to retain 100% of the proceeds of any such enforcement action.
Infringement by a Third Party. In the event that either party becomes aware that a Compound or a Product being made, used or sold by a Third Party infringes the Patent Rights licensed hereunder, such party shall promptly advise the other party of all known facts and circumstances relating thereto. To the extent of their respective ability under Japanese law, Panion (on behalf of itself and Xx. Xxx) and Sublicensor shall have the first and second right, respectively, to enforce at its sole expense the Patent Rights licensed under this Agreement against infringement by Third Parties. Sublicensee shall reasonably cooperate in any such enforcement and, if necessary, join as a party therein, at the expense of Sublicensor. Sublicensor shall have the right to retain ***** of the proceeds of any such enforcement action. Notwithstanding the foregoing, Sublicensee shall have the right to enforce against infringement by Third Parties of the Patent Rights licensed hereunder, in the event that neither Panion (on behalf of itself and Xx. Xxx) nor Sublicensor exercise its right. Sublicensor shall make all necessary arrangements with Panion, Xx. Xxx and GloboAsia for Sublicensee to take actions against infringement by Third Parties of the Patent Rights licensed hereunder.
Infringement by a Third Party. In the event that PMI or LD become aware of actual or threatened infringement of a Patent, that party shall promptly notify the other party and confirm it in writing. PMI shall have the sole right to bring, at its own expense, an infringement action against any Third Party and to use LD’s name in connection therewith, holding LD harmless in such event. If PMI does not commence a particular infringement action within six (6) months, LD, after notifying PMI in writing, shall be entitled to bring such infringement action at its own expense. The Party conducting such action shall have full control over its conduct. In any event, LD and PMI shall assist one another and cooperate in any such litigation at the other’s request without expense to the requested party.
Infringement by a Third Party. If Tanox, Novartis, or its respective Affiliate(s) or sublicensees becomes aware of any actual or threatened infringement of any Novartis or Tanox Patent Rights in the Field, such Party shall promptly notify the other Party in writing. Subject to the TCA, Novartis and its Affiliate(s) or sublicensees, shall have the first right to bring, at Novartis’ own expense, an infringement action in the Field against any Third Party in its own name, or if necessary in the name of Tanox. If Novartis, or its Affiliate(s) or sublicensees, do not bring a particular patent infringement action with respect to a Tanox Patent Right (or any Novartis Patent Right which is specific to the Antibody in an Abandoned Product worldwide and which has been Developed and/or Commercialized by Tanox pursuant to Section 6.9) within ***** from the date of notification, or within ***** prior to expiration of any applicable statute of limitations on such action if earlier, Tanox shall be entitled to bring such infringement action at Tanox’s own expense. The Party not conducting such suit shall assist the other Party and cooperate in any such litigation at the other’s reasonable request without out-of-pocket expense to the Party providing such assistance. The award or settlement in such litigation shall*****.
Infringement by a Third Party. Each of the Parties shall promptly notify the other in the event of any potential infringement by any Third Party of an Incyte Product Patent Right, Incyte Program Patent Right, Incyte Patent Right, Program Patent Right, Pfizer Patent Right, Pfizer Process Patent Claim or Pfizer Use Patent Claim of which it becomes aware. Pfizer shall have the only right, but no obligation, to institute litigation in connection with any potential infringement by any Third Party of a Pfizer Patent Right, Pfizer Process Patent Claim or Pfizer Use Patent Claim, in its own name, and any such litigation shall be at Pfizer’s expense and for Pfizer’s sole benefit. Incyte, upon request of Pfizer, shall reasonably cooperate with Pfizer in any such litigation, at Pfizer’s expense. Pfizer shall have the first right, but no obligation, to institute litigation in connection with any potential infringement by any Third Party of an Incyte Patent Right or a Program Patent Right, in its own name, and any such litigation shall be at Pfizer’s expense; provided that Incyte shall be entitled to receive twenty-five percent
Infringement by a Third Party. If a third party is infringing any of ENSYN’S rights in the patents or patent applications in Schedule A, ENSYN may, at its own expense and for its own benefit, bring legal action to restrain such infringement and for damages. If GROUP elects, it may, at its own expense, and for its own benefit, join in the action and be represented by counsel of its selection, but ENSYN shall have complete control of the action. If ENSYN refuses upon written request by GROUP to bring such an action, then GROUP shall have the right to do so but at GROUP’s own expense and for GROUP’s own benefit.
Infringement by a Third Party. (a) Should either Party become aware of any infringement or potential infringement of the Licensed Patents Rights, they shall give the other written notice detailing the facts concerning such infringement or potential infringement.
(b) In the event of infringement or potential infringement of the Licensed Patent Rights, BLSI shall have the first right, within six (6) months of receiving notice, to either: (i) take the appropriate steps to stop the infringement; (ii) file suit against the infringer; or
Infringement by a Third Party. When discovering that any third party infringes copyright of origin author, legal rights of Licensor or conduct unfair competition to the operations authorized to Licensee
