Infringement of Patent Rights by Third Parties Sample Clauses

Infringement of Patent Rights by Third Parties. With respect to the Subject Technology, each Party shall promptly inform the other of any known or suspected infringement of any patent right, or of any misuse, misappropriation, theft or breach of confidence of any other proprietary right by any third party. So-long as, and to the extent that, this Agreement remains in full force and effect, LICENSEE shall have the right, but not the obligation, to institute (alone or jointly with any other licensees of the Subject Technology that desire to participate) an action for infringement, misuse, misappropriation, theft or breach of confidence of the patent or other proprietary rights against such third party. If LICENSEE fails to bring such an action or proceeding within a period of three (3) months after receiving notice or otherwise having knowledge of such infringement, the LICENSOR shall have the right, but not the obligation, to prosecute at its own expense, any such claim. Should either the LICENSOR or LICENSEE commence suit under the provisions of this Paragraph 9.3, and thereafter elects to abandon the same, it shall give timely notice to the other Party who may, if it so desires, continue prosecution of such action or proceeding. All recoveries, whether by judgment, award, decree or settlement, from infringement or misuse of the Subject Technology shall be apportioned as follows: if LICENSEE brings the action or proceeding, LICENSEE shall first recover an amount equal to two (2) times the costs and expenses incurred by LICENSEE directly related to the prosecution of such action or proceeding and the remainder shall be divided equally between LICENSEE and the LICENSOR, if LICENSOR brings the action or proceeding, LICENSOR shall be entitled to the entire amount recovered.
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Infringement of Patent Rights by Third Parties. With respect to the Subject Technology, each Party shall promptly inform the other of any known or suspected infringement of any patent right, or of any misuse, misappropriation, theft or breach of confidence of any other proprietary right by any third party. So long as, and to the extent that, this Agreement remains in full force and effect, LICENSEE shall have the right, but not the obligation, to institute (alone or jointly with any other licensees of the Subject Technology that desire to participate) an action for infringement, misuse, misappropriation, theft or
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Infringement of Patent Rights by Third Parties. Because the Patent Rights detailed herein are jointly owned, in the event of any infringement of any such Patent Rights, the Parties will promptly discuss and decide how to enforce such patent Rights against an alleged Third Party infringer. The Parties will cooperate in any action taken to enforce the Patent Rights and will reach agreement on various issues relating to any such enforcement action including, but not limited to, determining which Party will lead such enforcement action, and any settlement discussions, cost sharing and award sharing (if any). 13 14 DuPont, Genencor Collaborative R&D Agreement
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Infringement of Patent Rights by Third Parties a. If either Party learns of a claim of infringement of any of Licensor’s Patent Rights licensed under this Agreement, that Party shall give written notice of such claim to the other Party. Licensee shall then use Commercially Diligent Efforts to terminate such infringement. In the event Licensee fails to axxxx the infringing activity within ninety (90) days after such written notice or to bring legal action against the third party, Licensor may bring suit for patent infringement. No settlement, consent judgment, or other voluntary final disposition of the suit may be entered into without the consent of Licensor, which consent shall not be unreasonably withheld. b. Any such legal action shall be at the expense of the Party by whom suit is filed, hereinafter referred to as the “Litigating Party”. Any damages or costs recovered by the Litigating Party in connection with a legal action filed by it hereunder, shall first go to Litigating Party to reimburse it for costs and expenses (including legal fees) incurred in bringing such action and then to the non-Litigating Party to reimburse it for its costs, if any, incurred in supporting such legal action. Direct damages shall be treated as Net Sales and subject to royalties or other payments due to Licensor under Article 4. Willful or treble damages shall be split seventy percent (70%) to the Litigating Party and thirty percent (30%) to the non-Litigating Party. c. Licensee and Licensor shall cooperate with each other in litigation proceedings instituted hereunder, provided that such cooperation shall be at the expense of the Litigating Party, and such litigation shall be controlled by the Litigating Party.
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Infringement of Patent Rights by Third Parties. [...***...], in the event of any infringement of any such Alliance Rights, the Parties will promptly discuss and decide how to enforce such Alliance Rights against an alleged Third Party infringer. The Parties will cooperate in any action taken to enforce the Alliance Rights and will reach agreement on various issues relating to any such enforcement action including, but not limited to, determining which Party will lead such enforcement action, and any settlement discussions, cost sharing and award sharing (if any). *CONFIDENTIAL TREATMENT REQUESTED
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Infringement of Patent Rights by Third Parties. Because the Alliance Patent Rights detailed herein are jointly owned, in the event of any infringement of any such Alliance Patent Rights, the Parties will promptly discuss and decide how to enforce such Alliance Patent Rights against an alleged Third Party infringer. The Parties will cooperate in any action taken to enforce the Alliance Rights and will reach agreement on various issues relating to any such enforcement action including, but not limited to, determining which Party will lead such enforcement action, and any settlement discussions, cost sharing and award sharing (if any).
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Infringement of Patent Rights by Third Parties. In the event either party becomes aware that a third party is infringing any patented intellectual property related to technology or products resulting from a Royalty Project for use in Diagnostics, the parties shall confer as to the manner in which they will proceed with respect to such infringement. Ciba shall have the exclusive right to commence and prosecute an action for patent infringement against such infringing party (provided that Ciba shall consult with CCD with respect to such commencement and prosecution), except that CCD shall have the right to commence and prosecute a counterclaim in any suit defended by CCD pursuant to Article 8 hereof (provided that CCD shall consult with Ciba with respect to such commencement and prosecution). If Ciba undertakes such action or CCD asserts such counterclaim, any damages recovered first shall be applied to reimburse such party all expenses of such action not otherwise reimbursed and next shall be paid to Ciba and CCD in proportion to their actual damages upon which such recovery was based. If Ciba fails to commence action to prevent such infringement within ninety (90) days after learning of the facts constituting such infringement, or if Ciba agrees to settle any such action on a basis which would allow such infringement to continue, then CCD shall cease to be obligated to pay royalties in respect of any product or service incorporating technology or products resulting from a Royalty Project until such infringement shall have ceased.
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Infringement of Patent Rights by Third Parties 
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Related to Infringement of Patent Rights by Third Parties

  • Infringement 11.1 Each party will be obligated to promptly inform the other in writing of any alleged infringement by a third party of any of the patents within the Patent Rights, and provide such other parties with any available evidence of infringement. No party will settle or compromise any claim or action in a manner that imposes any restrictions or obligations on the other party or parties without such other party’s written consent, which shall not be unreasonably withheld. 11.2 During the term hereof, the Company will have the first right, but not the obligation, to (i) prosecute at its own expense any such infringements of the Patent Rights and, in furtherance of such prosecution, to request that WFUHS join as a party plaintiff in any such suit, without expense to WFUHS, and WFUHS’s consent to such request shall not be unreasonably withheld, or (ii) settle the infringement suit, subject to the provisions of Section 11.1, by sublicensing the alleged infringer or by other means. 11.3 In the event that the Company undertakes the enforcement and/or defense of the Patent Rights by litigation, including any declaratory judgment action, the total cost of any such action commenced or defended solely by the Company shall be borne by the Company and the Company shall keep any recovery or damages for past infringement derived therefrom, provided that Company pays to WFUHS any royalties, fees, payment or Other Amounts due and payable to WFUHS pursuant Sections 3 and 4, if any, based on amounts awarded to compensate the Company for lost sales or revenues, including any damages awarded directly in connection with such lost sales or revenues. Subject to Section 11.1, the Company shall be entitled to settle any such litigation by agreement, consent, judgment, voluntary dismissal or otherwise, provided such settlement does not impose any burden, obligation or responsibility on WFUHS. 11.4 If, within six (6) months after having been notified of any alleged infringement, the Company is unsuccessful in persuading the alleged infringer to desist and has not brought or is not diligently prosecuting an infringement action, or if the Company notifies WFUHS at any time prior thereto of its intention not to bring suit against any alleged infringer, then, and only then, WFUHS will have the right to prosecute at its own expense any infringement of the Patent Rights. The total cost of any such infringement action commenced or defended solely by WFUHS will be borne by WFUHS, and WFUHS will keep any recovery or damages for past infringement derived therefrom. Subject to Section 11.1, WFUHS shall be entitled to settle any such litigation by agreement, consent, judgment, voluntary dismissal or otherwise. 11.5 In the event an infringement action is brought against the Company arising from the use of the Patent Rights, the Company will defend such action and will be solely responsible for all attorneys’ fees, costs of defense and liability arising out of that action. 11.6 In the event that a declaratory judgment action alleging invalidity or non-infringement of any of the Patent Rights is brought against the Company, the Company will be responsible, at its sole expense, for the defense of the action and the Company will keep any recovery or damages derived therefrom or from any counterclaims asserted therein unless and until WFUHS elects to intervene and participate in the defense of the action in accordance with the next sentence, and provided further that Company pays to WFUHS any and all amounts due and payable to WFUHS pursuant Sections 3 and 4 of this Agreement due, in whole or in part, to any lost sales or revenues and any damages or awards associated therewith or thereto. WFUHS, at its option, will have the right to intervene and participate in the defense of the action at its own expense whereupon WFUHS and the Company will share in any recovery or damages derived therefrom or from any counterclaims asserted therein in proportion to the total out-of-pocket costs contributed by each party. 11.7 In any infringement suit brought or declaratory judgment action defended by any party to protect any of the Patent Rights, the other party will, at the request and expense of the party initiating such suit, cooperate in all respects and, to the extent possible, make its employees available to testify when requested and make available relevant records, papers, information, samples, specimens and the like.