Infringement of Third Party's Rights. (a) If the practice of the Licensed Patents through the manufacture, use or sale of Products by EyeTech, its Affiliates or sublicensees results in a claim for patent infringement against EyeTech, its Affiliates or sublicensees, the Party to this Agreement first having notice of that claim shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim in reasonable detail.
Appears in 4 contracts
Samples: Licensing Agreement (Gilead Sciences Inc), Licensing Agreement (Osi Pharmaceuticals Inc), Licensing Agreement (Eyetech Pharmaceuticals Inc)
Infringement of Third Party's Rights. (a) If the practice of the Licensed Sublicensed Patents through the manufacture, use or sale of Products by EyeTech, its Affiliates or sublicensees results in a claim for patent infringement against EyeTech, its Affiliates or sublicensees, the Party to this Agreement first having notice of that claim shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim in reasonable detail. The Parties acknowledge USC's right (as provided under the terms of the USC License) to participate in any action initiated pursuant to Section 6.16.
Appears in 2 contracts
Samples: Development and Sublicensing Agreement (Cancervax Corp), Development and Sublicensing Agreement (Cancervax Corp)
