Common use of Infringement of Third Party Patent Rights Clause in Contracts

Infringement of Third Party Patent Rights. If the Development, Manufacture or Commercialization of any Licensed Product is alleged by a Third Party to infringe a Third Party’s patent or other intellectual property rights, the Party becoming aware of such allegation shall promptly notify the other Party. The Party that is alleged to infringe the Third Party’s patent or intellectual property rights shall have the right to take such action as it deems appropriate in response to such allegation, and shall be solely responsible for all damages, costs and expenses in connection therewith, subject to Article 10.

Appears in 5 contracts

Samples: Research Collaboration, Option and License Agreement (CytomX Therapeutics, Inc.), Research Collaboration, Option and License Agreement (CytomX Therapeutics, Inc.), Research Collaboration, Option and License Agreement (CytomX Therapeutics, Inc.)

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Infringement of Third Party Patent Rights. If the Development, Manufacture Manufacture, use or Commercialization of any Licensed Product is alleged by a Third Party to infringe a Third Party’s patent or other intellectual property rights, the Party becoming aware of such allegation shall promptly notify the other Party. The Party that is alleged to infringe the Third Party’s patent or intellectual property rights ImmunoGen shall have the right to take such action as it deems appropriate in response to such allegation, and shall be solely responsible for all damages, costs and expenses in connection therewith, subject to Article 109 hereof.

Appears in 4 contracts

Samples: Research Collaboration Agreement (CytomX Therapeutics, Inc.), Research Collaboration Agreement (CytomX Therapeutics, Inc.), Research Collaboration Agreement (CytomX Therapeutics, Inc.)

Infringement of Third Party Patent Rights. If the Development, Manufacture Manufacture, use or Commercialization of any Licensed Product is alleged by a Third Party to infringe a Third Party’s patent or other intellectual property rights, the Party becoming aware of such allegation shall promptly notify the other Party. The Party that is alleged to infringe the Third Party’s patent or intellectual property rights CytomX shall have the right to take such action as it deems appropriate in response to such allegation, and shall be solely responsible for all damages, costs and expenses in connection therewith, subject to Article 109 hereof.

Appears in 4 contracts

Samples: Research Collaboration Agreement (CytomX Therapeutics, Inc.), Research Collaboration Agreement (CytomX Therapeutics, Inc.), Research Collaboration Agreement (CytomX Therapeutics, Inc.)

Infringement of Third Party Patent Rights. If the Development, Manufacture or Commercialization of any Allogene Licensed Product is alleged by a Third Party to infringe a Third Party’s patent or other intellectual property rights, the Party becoming aware of such allegation shall will promptly notify the other Party. The Party that is alleged to infringe the Third Party’s patent or intellectual property rights shall will have the right to take such action as it deems appropriate in response to such allegation, and shall will be solely responsible for all damages, costs and expenses in connection therewith, subject to Article 10Section 10.1.

Appears in 3 contracts

Samples: License Agreement (Allogene Therapeutics, Inc.), License Agreement (Cellectis S.A.), License Agreement (Cellectis S.A.)

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Infringement of Third Party Patent Rights. If the Development, Manufacture or Commercialization of any Licensed Agreement T-DART and/or Agreement Product is alleged by a Third Party to infringe a Third Party’s patent or other intellectual property rights, the Party becoming aware of such allegation shall promptly notify the other Party. The Party that is alleged to infringe the Third Party’s patent or intellectual property rights shall have the right to take such action as it deems appropriate in response to such allegation, and shall be solely responsible for all damages, costs and expenses in connection therewith, subject to Article Section 10.

Appears in 3 contracts

Samples: Research Collaboration and License Agreement (Macrogenics Inc), Research Collaboration and License Agreement (Macrogenics Inc), Research Collaboration and License Agreement (Macrogenics Inc)

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