Infringement Litigation. (a) In the event that "substantial" Infringing Third Party Sales are occurring in a country in which ROCHE or its Affiliates or an Authorized Distributor is selling a CHIRON Licensed Product (in each such country, the "Impacted Product"), and ROCHE has notified CHIRON pursuant to Section 13.1 of the existence of such infringement in [**] (an "Infringement Notice"), then the provisions of this Section 13.2 shall apply. For purposes of this Section 13.2, "Major Country" shall mean [**].
Infringement Litigation. (a) In the event that "substantial" Infringing Third Party Sales are occurring in a country in which ROCHE or its Affiliates or an Authorized Distributor is selling a CHIRON Licensed Product (in each such country, the "Impacted Product"), and ROCHE has notified CHIRON pursuant to Section 13.1 of the existence of such infringement in [CONFIDENTIAL TREATMENT REQUESTED] (an "Infringement Notice"), then the provisions of this Section 13.2 shall apply. For purposes of this Section 13.2, an Infringing Third Party Sale shall be considered substantial in a country if the infringing third party achieves market share of at least [CONFIDENTIAL TREATMENT REQUESTED] of the Aggregated Products in such country as determined by an Independent Auditor paid for by ROCHE. For purposes of this Section 13.2, "
Infringement Litigation. Each party shall notify the other party in writing in the event that any third party shall commence or threaten to commence an action against Terragen or Diversa alleging that the practice of a method or process embodied in one or more claims of Diversa Patent Rights or Terragen Patent Rights infringes a patent of a third party. Each party shall keep the other reasonably informed with respect to the progress of any such action from time to time. Upon a party's reasonable request and at its expense, the other party shall cooperate with the requesting party and its counsel with respect to the defense of any such action against the requesting party.
Infringement Litigation. COR shall have the first right (but not the obligation), at its own expense, to bring suit (or other appropriate legal action) against any actual or suspected infringement of the Patent Rights owned by COR. CURAGEN shall have the first right (but not the obligation), at its own expense, to bring suit (or other appropriate legal action) against any actual or suspected infringement of the Patent Rights owned by CURAGEN. With respect to Patent Rights that are jointly owned, COR shall have the first right (but not the obligation), at its own expense, to bring suit (or other appropriate legal action) against any actual or suspected infringement of the Patent Rights by a Third Party product in the COR Commercial Field and CURAGEN shall have the first right (but not the obligation), at its own expense, to bring suit (or other appropriate legal action) against any actual or suspected infringement of the Patent Rights by a Third Party product in the CURAGEN Commercial Field. If the Party given the first right does not take such action with respect to a jointly owned Patent Right within one hundred twenty (120) days after written notice from the other Party of the infringement, then the other Party shall have the right (but not the obligation), at its own expense, to bring suit against such infringement. The Party bringing the suit shall have the right to settle such suit. Any amount recovered, whether by judgment or settlement, shall first be applied to reimburse the costs and expenses (including attorneys' fees) of the Party bringing suit, then to the costs and expenses (including attorneys fees), if any, of the other Party. Any amounts remaining shall be allocated to each party in accordance with each Party's damages incurred on account of such infringement, calculated in accordance with United States laws pertaining to patent damages.
Infringement Litigation. (a) In the event that "substantial" Infringing Third Party Sales are occurring in a country within the Region in which ROCHE or its Affiliates or an Authorized Distributor is selling a CHIRON Licensed Product (in each such country, the "Impacted Product"), and ROCHE has notified CHIRON pursuant to Section 13.1 of the existence of such infringement [***] (an "Infringement Notice"), then the provisions of this Section 13.2 shall apply. For purposes of this Section 13.2, an Infringing Third Party Sale shall be considered substantial in a country if the infringing third party achieves market share of at least [***] of the Aggregated Products in such country [***]. For purposes of this Section 13.2, [***]. For purposes of this Section 13.2, "Aggregated Products" means the number of CHIRON Licensed Products of the applicable Product Category and Competitive Products sold in a country, and "Competitive Products" means Products which are sold in the Field and which compete with a CHIRON Licensed Product sold by ROCHE or its Affiliates in a country.
Infringement Litigation. To the extent that any Patent Rights licensed hereunder may be infringed by the manufacture, use, sale or importation of any Licensed Product by any third party, SurModics shall have the right, but not the obligation, if such Licensed Product is a Non-Exclusive Product, to prosecute at its own expense, or at the expense of Cordis if Cordis so requests, any action SurModics deems necessary. If SurModics fails to commence prosecution of such action within ninety (90) days following written request by Cordis or if the Licensed Product is an Exclusive Product, then Cordis may, in its own name and at its own expense, prosecute such action. If Cordis prosecutes any such action, it will not without the advance written consent of SurModics admit to the invalidity or unenforceability of any patent or claims within the Patent Rights or grant a license to a third party to any such patents or claims. SurModics shall cooperate and, if necessary, become a named party to the action. Should Cordis prosecute such action, Cordis shall indemnify, defend, and hold harmless SurModics from any claims or counterclaims related to the patent or patents in suit, lawsuit expenses (including attorneys fees), costs and judgments arising out of such litigation, but excluding adverse judgments regarding the validity, enforceability or claim interpretation of the patent or patents in suit. If SurModics elects to prosecute any such action, and it does so at its own expense, then it shall have the right to control the litigation. If Cordis elects to prosecute any such action, and it does so at its own expense, then it shall have the right to control the litigation. If SurModics prosecutes such action at Cordis' expense, the proceeds of the litigation, if any, shall first be used to reimburse Cordis for its expense of the litigation and the remainder, if any, shall be divided equally between SurModics and Cordis. In any such action, the prosecuting party shall promptly notify the non-prosecuting party of its decision to prosecute.
Infringement Litigation. (a) Definitions for this Section 11.11:
Infringement Litigation. Anesta represents that as of the Effective Date, to the best of its knowledge and belief (i) the use, importation, offer for sale and sale of OT-fentanyl Products in the Territory in accordance with this Agreement does not infringe any Third Party intellectual property right in the Territory, and (ii) there is no pending or threatened litigation relating to the OT-fentanyl Products and Anesta, and (iii) Anesta has not received any written notice from any Third Party either contesting the validity of any of the Anesta Patents or claiming that any use of the Anesta Patents or OT-fentanyl Products infringe on any intellectual property of a Third Party.
Infringement Litigation. Licensee shall notify PJI immediately if it discovers or learns of any infringing use of the Intellectual Property or if litigation involving the Intellectual Property is instituted or threatened against Licensee or PJI. If PJI, in its sole discretion, undertakes the defense or prosecution of any litigation relating to the Intellectual Property, Licensee agrees to execute such documents and to render such assistance as may reasonably be requested by PJI in conducting such defense or prosecution; provided that PJI will reimburse to Licensee any of its out-of-pocket expenses incurred in rendering such assistance. PJI will defend the Intellectual Property.
Infringement Litigation. GW shall have the first right (but not the ----------------------- obligation), at its own expense, to bring suit (or other appropriate legal action) against any actual or suspected infringement of the Patent Rights licensed hereunder provided that GW has an exclusive license to the infringed claim(s) of any such Patent Right. If GW does not take such action within one hundred twenty (120) days after written notice from CURAGEN of the infringement, CURAGEN shall have the right (but not the obligation), at its own expense, to bring suit against such infringement. Any amount recovered, whether by judgment or settlement, shall first be applied to reimburse the costs and expenses (including attorneys' fees) of the Party bringing suit, then to the costs and expenses (including attorneys' fees), if any, of the other Party. Any amounts remaining shall be allocated to each party in accordance with each Party's damages incurred on account of such infringement, calculated in accordance with United States laws pertaining to patent damages.
