Infringement Outside the Field. Nektar shall retain any and all rights to pursue an action against, and control all proceedings relating to, an infringement by a Third Party of the Nektar Patent Rights or Nektar Know-How that is not related to the Product and/or is exclusively outside the Field. Bayer shall retain any and all rights to pursue an action against, and control all proceedings relating to, an infringement by a Third Party of a Patent relating to an Invention solely owned by Bayer under the Agreement that is not related to the Product and/or is exclusively outside the Field.
Infringement Outside the Field. (i) Micrologix may (but shall have no obligation to do so) prosecute any Article 7 Proceeding under this Section 7.3 against such Third Party infringement of any claims of Micrologix Patent Rights where such infringement does not primarily relate to such Third Party activities in the Field in the Territory in accordance with the terms of Section 7.2 and this Section 7.3 and in such event Micrologix shall become the Litigating Party.
Infringement Outside the Field. Prothena shall retain any and all rights to pursue an action against, and control all proceedings relating to, an infringement by a Third Party of the Prothena Technology that is not an Enforcement Action. Roche shall retain any and all rights to pursue an action against, and control all proceedings relating to, an infringement by a Third Party of the Roche Technology that is not an Enforcement Action.
Infringement Outside the Field. To avoid any doubt, Xxxxxxx shall not have any right to enforce any Licensed Patent(s) against infringement that is not within the Field and competitive with the Somanta's activities hereunder. This is Immunodex's sole and exclusive right as between the Parties. The Parties' agreements regarding patent infringement suits and sharing of recoveries are subject to the terms of the written agreements by which Immunodex derives rights in the Licensed Patents, to the full extent applicable. In particular, the "remaining recovery" after costs are deducted (under subsection (c)) shall be net of any amounts that may be due Immunodex's licensors.
Infringement Outside the Field. If the actual or suspected infringement or unauthorised use referred to in Clause 7.6(A) is [***] outside the Field, as between the Parties [***] shall, [***]
Infringement Outside the Field. In the event that any of the INHALE Patent Rights or INHALE Know-how outside the Field is infringed by a third party, the Party first having knowledge of such infringement shall notify the other as set forth above and the Parties shall consult with each other as to how they should proceed, [ * ].
Infringement Outside the Field. Micrologix may (but shall have no obligation to do so) prosecute any Article 7 Proceeding under this Section 7.3 against such Third Party infringement of any claims of Micrologix Patent Rights where such infringement does not primarily relate to such Third Party activities in the Field in the Territory in accordance with the terms of Section 7.2 and this Section 7.3 and in such event Micrologix shall become the Litigating Party. In the event Micrologix fails to institute any Article 7 Proceeding and terminate any Third Party infringement of the claims of Micrologix Patent Rights that claim the Product or the Compound within thirty (30) days of the later of: (i) receiving notification from Strata of any such infringement or (ii) sending notice to Strata of such action, Strata may take (but shall have no obligation to do so) such action as it deems appropriate, including the filing of a lawsuit against such Third Party. In such event Strata shall promptly notify Micrologix of any such Article 7 Proceeding and shall become the Litigating Party. Micrologix and Strata shall share all Costs in connection with any Article 7 Proceeding under this Section 7.3, on the basis of [XXXX]% paid by the Litigating Party and [XXXX]% paid by the Non-Litigating Party, provided that Micrologix and Strata shall first recover their respective actual documented out-of-pocket Costs, or equitable proportions thereof, associated with any Article 7 Proceeding under this Section 7.3, or settlement thereof from any recovery made by the Litigating Party. Any excess amount recovered by the Litigating Party shall be shared between Strata and Micrologix on the basis of [XXXX]% to the Litigating Party and [XXXX]% to the Non-Litigating Party. In the event there is no recovery from a Third Party or if any such recovery does not cover all of the Costs of the Litigating and/or Non-Litigating Party, as the case may be, then the Parties agree to share any such unrecovered Costs on the basis of [XXXX]% to the Litigating Party and [XXXX]% to the Non-Litigating Party. If Strata is the Litigating Party, Strata shall recover such amounts by [XXXX].
Infringement Outside the Field. Axsome, at its sole expense, shall have the sole and exclusive right, but not the obligation, to institute litigation or take other steps to remedy any infringement in the Territory solely outside the Field of any Licensed Patent Right. Any recoveries obtained by Axsome in connection with any such litigation or steps taken in relation to such infringement shall be retained by Axsome for its own account.
Infringement Outside the Field. If either party becomes aware of any alleged or threatened infringement of the Trademarks or the Licensed Technology outside the Field, it shall promptly notify the other in writing, and the parties shall discuss a strategy for responding to such alleged or threatened infringement. In the absence of agreement between the parties, each party may take such action as it deems to be in its best interests.
Infringement Outside the Field. As between the Parties, Fibrocell will retain any and all rights to pursue an action against, and control all proceedings relating to, an infringement by a Third Party of the Fibrocell Patent Rights, except for Product Patents as otherwise provided in this Article 11, or Fibrocell Know-How that is not related to the Product, a component of the Product, or a method of using or manufacturing the Product or any component thereof or is exclusively outside the Field or the Territory. 11.7
