Infringement of Genentech Gene Patents and Know Clause Samples

Infringement of Genentech Gene Patents and Know. How, Project Patents and Know-How, and Lexicon Pre-Existing Patents and Know-How related to Protein Candidates. Genentech shall have the sole right, but not the obligation, to take appropriate steps to remove the infringement or alleged infringement of (i) Genentech Gene Patents and Know-How, and (ii) Project Patents and Know-How and Lexicon Pre-Existing Patents and Know-How related to Protein Candidates (except in the case of this clause (ii), to the extent such infringement or alleged infringement relates to the development of Small Molecule Drugs, which shall be controlled by subsection (c) above), including, without limitation, by initiation, prosecution and control, at its own expense, of any suit, proceeding or other legal action by counsel of its own choice. Any damages or other monetary awards recovered by Genentech shall be owned by Genentech.