Infringement of Third Party IP. Each Party shall promptly notify the other in writing of any allegation, claim or suit that the manufacture, use or sale of a Product infringes or misappropriates a Third Party’s Patent or other intellectual property rights. Subject to Article 10, each Party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such Party’s activities, at its own expense and by counsel of its own choice.
Appears in 1 contract
Samples: License and Commercialization Agreement (Vivus Inc)
Infringement of Third Party IP. Each Party shall promptly notify the other Party in writing of any allegation, claim or suit that the manufacture, use or sale of a any Product infringes or misappropriates a Third Party’s Patent or other intellectual property rightsIntellectual Property. Subject to Article ARTICLE 10, each Party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such Party’s activities, at its own expense and by counsel of its own choice.
Appears in 1 contract
Samples: License and Commercialization Agreement (Petros Pharmaceuticals, Inc.)
Infringement of Third Party IP. Each Party shall promptly notify the other Party in writing of any allegation, claim or suit that the manufacture, use or sale of a any Product infringes or misappropriates a Third Party’s Patent or other intellectual property rightsIntellectual Property. Subject to Article 10, each Party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such Party’s activities, at its own expense and by counsel of its own choice.
Appears in 1 contract
Samples: License and Commercialization Agreement (Auxilium Pharmaceuticals Inc)
Infringement of Third Party IP. Each Party shall promptly notify the other Party in writing of any allegation, claim or suit that the manufacture, use or sale of a any Product infringes or misappropriates a Third Party’s Patent or other intellectual property rightsIntellectual Property. Subject to Article ARTICLE 10, each Party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such Party’s activities, at its own expense and by counsel of its own choice.
Appears in 1 contract
Samples: License and Commercialization Agreement (Vivus Inc)