Infringement Procedure. Each party will promptly notify the other if it believes a third party infringes a Licensed Patent or if a third party files a declaratory judgment action with respect to any Licensed Patent. During the Exclusive term of this Agreement and if ***** is diligently developing Licensed Product, ***** may have the right to institute a suit against or defend any declaratory judgment action initiated by this third party, but only within fields of use where this Agreement is Exclusive, as provided in Section 14.4 through and including Section 14.8.
Infringement Procedure will promptly notify Stanford if it believes a third party infringes a Licensed Patent or if a third party files a declaratory judgment action with respect to any Licensed Patent. During the Exclusive term of this Agreement and if ***** is developing Licensed Product, ***** may have the right to institute a suit against or defend any declaratory judgment action initiated by this third party as provided in Section 14.4 through and including Section 14.8.
Infringement Procedure. If a third party asserts a claim against Client that the Services infringe a patent or copyright, Company will defend Client against that claim and pay amounts finally awarded by a court against Client or included in a settlement approved by Company, provided that Client promptly (i) notifies Company in writing of the claim, (ii) supplies information requested by Company, and (iii) allows Company to control, and reasonably cooperates in, the defense and settlement, including mitigation efforts.
Infringement Procedure. Each party will promptly notify the other if it believes a third party infringes a Licensed Patent or if a third party files a declaratory judgment action relating to the Licensed Patents. During the term of this Agreement and if ImmuMetrix is developing Licensed Product, ImmuMetrix may have the right to institute a suit against this third party as provided in Sections 14.4 - 14.8.
Infringement Procedure. Forty Seven will promptly notify Stanford if it believes a third party infringes a Licensed Patent or if a third party files a declaratory judgment action with respect to any Licensed Patent. During the Exclusive term of this Agreement and if Forty Seven is developing Licensed Product, Forty Seven will have the right to institute a suit against or defend any declaratory judgment action initiated by this third party that relates to a Limited Exclusive Patent and/or an Exclusive Patent as provided in Section 14.4 through and including Section 14.9. Without limiting the foregoing, in the event that any action described in this Section 14.3 relates to any claims in the SIRPα Component Patents, the parties agree to meet and discuss any action as to the SIRPα Component Patents, and come to a mutual agreement with respect to such actions before moving forward as provided in Section 14.7.
Infringement Procedure. Eidos will promptly notify Stanford if it believes a third party infringes a Licensed Patent or if a third party files a declaratory judgment action with respect to any Licensed Patent. During the Exclusive term of this Agreement and if Eidos is developing Licensed Product, Eidos may have the right to institute a suit against or defend any declaratory judgment action initiated by this third party as provided in Section 14.4 through and including Section 14.8.
Infringement Procedure. Each Party will promptly notify the other Party if it believes a third party infringes a Licensed Patent in the Field of Use. So long as the license granted herein remains exclusive, Licensee may have the right to institute a suit against such third party as provided in Sections 11.2 through 11.6.
Infringement Procedure. GOOGLE will promptly notify STANFORD if it believes a third party infringes a Licensed Patent. During the Licensed Patent’s Exclusive period of this Agreement only, GOOGLE may have the right to institute a suit against this third party as provided in Sections 13.1 –13.6.
Infringement Procedure. Telomolecular will promptly notify Stanford if it believes a third party infringes a Licensed Patent. During the Exclusive term of this Agreement only. Telomolecular may have the right to institute a suit against this third party as provided in Sections 13.4 - 13.8.
Infringement Procedure. If Evaxion or SSI learns of any infringement or suspected infringement of Patent Rights, or if a Third Party files a declaratory judgment action with respect to any Patent Rights, the Party who learns of the infringement will notify the other Party in writing and will provide the other Party with any evidence of the infringement available to such Party. [****] will use reasonable efforts to handle the infringement without litigation. If [****] is not successful in stopping the infringement within [****] after the alleged infringer has been formally notified of the infringement, SSI and Evaxion will discuss and agree on possible courses of action with the view of protecting the Vaccine market position in the Territory. In this respect the Parties may also consider data protection and other regulatory mechanisms potentially protecting Evaxion’s Vaccine Product market position and, hence, rendering the enforcement of the Patent Rights superfluous.
