Common use of Infringement of BI Patents, BI Product Development Patents Clause in Contracts

Infringement of BI Patents, BI Product Development Patents. BI shall have the sole right, but not the obligation, to bring and control any action in respect to infringement of any BI Patents or BI Product Development Patents (excluding, for the avoidance of doubt, Selected Zealand Pharma Patents), against any Third Party, including the defense against counter-claims of invalidity and unenforceability, the BI, in its own discretion deems necessary or useful. Any such action shall be on BI’s costs and any proceeds, recoveries and damages resulting from such action shall exclusively belong to BI.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Zealand Pharma a/S), License and Collaboration Agreement (Zealand Pharma a/S)

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Infringement of BI Patents, BI Product Development Patents. BI shall have the sole right, but not the obligation, to bring and control any action in respect to infringement of any BI Patents or BI Product Development Patents (excluding, for the avoidance of doubt, Selected Zealand Pharma Patents), against any Third Party, including the defense against counter-claims of invalidity and unenforceability, the that BI, in its own discretion deems necessary or useful. Any such action shall be on BI’s costs and any proceeds, recoveries and damages resulting from such action shall exclusively belong to BI.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Zealand Pharma a/S), License and Collaboration Agreement (Zealand Pharma a/S)

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