Common use of Infringement Defense Clause in Contracts

Infringement Defense. If Licensee, its Affiliate or sublicensee, distributor or other customer is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify Caltech. Licensee will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s).

Appears in 5 contracts

Samples: License Agreement (Immune Design Corp.), License Agreement (Immune Design Corp.), License Agreement (VIASPACE Inc.)

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Infringement Defense. If Licensee, its Affiliate or sublicenseeSublicensee, distributor or other customer is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify Caltech. Licensee will have sole discretion regarding the defense and/or settlement of same, and will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s)associated with same.

Appears in 3 contracts

Samples: License Agreement (Avedro Inc), License Agreement (Avedro Inc), License Agreement (Avedro Inc)

Infringement Defense. If Licensee, its License; an Affiliate or sublicenseeSublicensee, distributor or other customer is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify Caltech. Licensee will be responsible for the expenses of, of and will be entitled to control the defense or settlement of, any such action(s).

Appears in 1 contract

Samples: License Agreement (Poniard Pharmaceuticals, Inc.)

Infringement Defense. If Licensee, its Affiliate or sublicenseeSublicensee, distributor or other customer is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify Caltech. Licensee will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s).

Appears in 1 contract

Samples: License Agreement (IsoPlexis Corp)

Infringement Defense. If LicenseeLicensee or its Affiliates, its Affiliate sublicensees, distributors or sublicensee, distributor or other customer customers is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify CaltechCaltech to the extent that Licensee is aware of such suit. Licensee will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s) (unless Licensee's Affiliates, sublicensees, distributors or customers are required to do so under a separate agreement with Licensee).

Appears in 1 contract

Samples: License Agreement (Ecotality, Inc.)

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Infringement Defense. If Licensee, its Affiliate or sublicenseeSublicensee, distributor or other customer is sued issued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify Caltech. Licensee will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s).

Appears in 1 contract

Samples: Licence Agreement (RxSight, Inc.)

Infringement Defense. If LicenseeLicensee or its Affiliates, its Affiliate sublicensees, distributors or sublicensee, distributor or other customer customers is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify CaltechCaltech to the extent that Licensee is aware of such suit. Licensee will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s) (unless Licensee’s Affiliates, sublicensees, distributors or customers are required to do so under a separate agreement with Licensee).

Appears in 1 contract

Samples: License Agreement (Alchemy Enterprises, Ltd.)

Infringement Defense. If Licensee, its Affiliate or sublicensee, distributor or other customer is sued by a third party charging infringement of patent rights that cover a Licensed Product, Licensee will promptly notify Caltech. Licensee Licensee, at its election, will be responsible for the expenses of, and will be entitled to control the defense or settlement of, any such action(s).

Appears in 1 contract

Samples: License Agreement (Helicos Biosciences Corp)

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