INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS Sample Clauses

INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. 12.1 LICENSEE shall promptly inform STANFORD of any suspected infringement of any Licensed Patent(s) by a third party. During the Exclusive period of this Agreement, STANFORD and LICENSEE each shall have the right to institute an action for infringement of the Licensed Patent(s) against such third party in accordance with the following:
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. 7.1 Licensor and Licensee shall each promptly inform the other of any suspected infringement of any Intellectual Property by a third party, and Licensor and Licensee each shall have the right to institute an action for infringement of the Patent Rights against such third party in accordance with the following procedure:
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. 12.1 STANFORD and GEN-PROBE shall promptly inform the other of any suspected infringement of any Licensed Patent(s) by a third party.
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. 5.1 Seller and Purchaser shall each promptly inform the other of any suspected infringement of any Intellectual Property by a third party. XXXXX and Purchaser each shall have the right to institute an action for infringement of the Patent Rights against such third party in accordance with the following procedure:
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. 12.1 Each party shall promptly inform the other party of any alleged infringement of Licensed Patents by a third party, and provide any available evidence thereof.
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. ARTISOFT shall promptly inform VNI of any suspected infringement of any C-Data Patent by a third party. If VNI receives any proceeds from licensing or enforcement of the C-Data Patents from C-DATA CO., VNI shall (i) pay ARTISOFT 37.5% of such proceeds, and (ii) Xxxxx Xxxxxxx 2.5% of such proceeds, and (iii) retain 60% of such proceeds. VNI shall make each such payment within 30 days after the end of the calendar quarter in which such proceeds are received. VNI currently anticipates that C-DATA CO. shall receive approximately 33% share of gross proceeds from the licensing or enforcement of the C-Data Patents before paying out any proceeds to VNI; provided, however, that C-DATA CO. shall not be authorized to retain more than 40% without the written consent of ARTISOFT. After deducting the costs and expenses actually incurred related to prosecuting and maintaining the C-Data Patents and procuring such proceeds, C-DATA CO shall remit to VNI all remaining proceeds resulting from licensing or enforcement of the C-Data Patents. VNI and C-DATA CO. (as a condition of the C-Data Patent assignment) shall maintain complete and accurate records of all transactions relating to the licensing and enforcement of the C-Data Patents, including but not limited to, any amounts received in connection therewith and the basis for receiving such amounts. VNI and C-DATA CO. (as a condition of the C-Data Patent assignment) shall permit ARTISOFT to inspect such records from time to time upon reasonable prior written notice and to make copies thereof, for purposes of confirming the accuracy of any payments made to ARTISOFT hereunder. VNI shall promptly pay the amount of any underpayment within 30 days after the size of such underpayment is determined by the parties, and if it is determined that such underpayment is more than five percent (5%), VNI shall reimburse ARTISOFT for the reasonable expenses incurred by ARTISOFT to conduct such inspection.
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS. Sublicensee ---------------------------------------------- shall promptly inform the Company of any suspected infringement of any Sublicensed Patents by a third party. Outside the Sublicensed Field of Use, the Company shall have the sole right to institute an action for infringement of the Sublicensed Patents. Inside the Sublicensed Field of Use, each party shall have the right but not the obligation to bring, at its own expense, an infringement action against any third party and to use the other party's name in connection therewith. The party conducting such action will have full control over its conduct, including settlement thereof provided such settlement will not be made without the prior written consent of the other party if such settlement would adversely affect the rights of the other party, such consent not to be unreasonably withheld or delayed. In any event, the parties will assist each another and cooperate in any such litigation at the other's reasonable request without expense to the requesting party, and, if a party is necessary in order to institute and maintain an infringement suit by the other party as defined by law, that party will agree to be joined in such suit. Each party shall have the right to recover its respective actual out-of-pocket expenses, or proportionate share thereof, in connection with any litigation or settlement thereof from any recovery received by any party. Any excess amount will be shared between the parties in an amount proportional to their respective out-of-pocket expenses. The parties will keep each another reasonably informed of the status of their respective activities regarding any such litigation or settlement thereof.
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INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS 
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Related to INFRINGEMENT BY OTHERS; PROTECTION OF PATENTS

  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Infringement by Third Parties Genetronics and Ethicon shall promptly notify the other in writing of any alleged or threatened infringement of any patent included in the Genetronics Patent Rights or the Joint Patent Rights of which they become aware. Both parties shall cooperate with each other to terminate such infringement without litigation. Genetronics shall have the right to bring and control any action or proceeding with respect to infringement of any patent included in the Genetronics Patent Rights, at its own expense and by counsel of its own choice, and Ethicon shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event any patent included in the Joint Patent Rights is infringed by a Third Party, the party responsible for prosecution and maintenance of the applicable Joint Patent Rights under Section 10.2(b) shall have the right to bring and control any action or proceeding with respect to such patent, and the other party shall have the right to be represented in any such action by counsel of its own choice, and the parties shall share equally in the expenses thereof. With respect to infringement of any patent included in the Genetronics Patent Rights, if Genetronics fails to bring an action or proceeding within (a) 90 days following the notice of alleged infringement or (b) 10 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, Ethicon shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Genetronics shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event a party brings an infringement action, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney. Neither party shall have the right to settle any patent infringement litigation under this Section 10.5 in a manner that diminishes the rights or interests of the other party without the consent of such other party. In the event Genetronics brings such action, any recovery realized as a result of such litigation, after reimbursement of any litigation expenses of Genetronics and Ethicon, shall belong to Genetronics.

  • Infringement by Third Party (a) Each party will promptly notify the other party of any infringement or possible infringement of any of the Patents or other Licensed Technology. Licensee shall have the right, but not the obligation, to prosecute such infringement at its own expense. In such event, UM shall cooperate with Licensee, at UM’s expense. Licensee shall not settle or compromise any such suit in a manner that imposes any obligations or restrictions on UM or grants any rights to the Licensed Technology which are inconsistent with the rights and obligations of Licensee or UM pursuant to this Agreement, without UM’s written consent.

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • No Infringement by Third Parties To the Knowledge of the Company, no third party is misappropriating, infringing, diluting or violating any Intellectual Property owned or licensed by the Company, and no such claims have been brought against any third party by the Company.

  • Infringement of Third Party Patents (a) If a third party asserts that a patent or other proprietary right owned by it is infringed by the manufacture, use, importation, offer for sale or sale of a Licensed Product in the Field and in the Territory and such alleged infringement arises in whole or in part from Alcon's use of the Pharmacyclics Technology (a "Claim"), the Party against whom such a Claim was asserted shall immediately provide the other Party notice of such Claim and the related facts in reasonable detail. Unless it is mutually agreed that the Parties should proceed jointly in defending such an action, the Party sued shall defend such action. The other Party shall cooperate in connection therewith and shall have the right to be represented separately by counsel of its own choice, at its own expense. The entity (whether Pharmacyclics or Alcon) that controls the defense of such a Claim with respect to the Licensed Product in the Field and in the Territory shall also have the right to control settlement of such Claim; provided, however, that no settlement shall be entered into without the consent of the other Party. To the extent that any of the costs set forth in clauses (i), (ii) or (iii) of this sentence are attributable to infringement arising from Alcon's use of the Pharmacyclics Technology, Alcon shall have the right to deduct from and offset against royalties otherwise payable to Pharmacyclics under Section 4.4(a), the following: (i) all litigation costs related to such Claim; (ii) any money damages paid by Alcon or its Affiliates pursuant to any judgment or settlement resulting from such Claim; and (iii) any royalty that Alcon and/or its Affiliates and sublicensees are required to pay to a third party in settlement of such Claim in order to continue to exercise Alcon's license rights as set forth in this Agreement. Notwithstanding the foregoing, in no event shall royalties owed Pharmacyclics under Section 4.4(a) be reduced by more than (*) in any given royalty period.

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents.

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

  • INFRINGEMENT AND PATENT ENFORCEMENT 11.1 PHS and Licensee agree to notify each other promptly of each infringement or possible infringement of the Licensed Patent Rights, as well as, any facts which may affect the validity, scope, or enforceability of the Licensed Patent Rights of which either party becomes aware.

  • No Violation of Third-Party Rights Executive represents, warrants and covenants that he:

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