Common use of Initial Rights Clause in Contracts

Initial Rights. Subject to any contractual obligations to, or restrictions imposed by, its Third Party licensors, the Owning Party shall have the initial right, but not the obligation, to institute an infringement action or take other appropriate action that it believes is reasonably required to protect the Owning Party's IP (other than any Product-Specific Patent Rights relevant to the exercise by the Sandoz Parties of the licenses granted in Section 2.1) from infringement in the Field, when, from its own knowledge or upon notice from another Party, the Owning Party becomes aware of the reasonable probability that such infringement exists in the Field. With respect to infringement in the Field in the U.S. Territory, the Non-Owning Party may at any time join in any infringement action brought by the Owning Party and may be represented by counsel of its choice, but control of such action shall remain with the Owning Party. Each other Party shall join in any infringement action as a party at the Owning Party's request in the event that an adverse party asserts, or the Owning Party determines in good faith, that a court lacks jurisdiction based on such other Party's absence as a party in such suit. EXECUTION COPY

Initial Rights. Subject to any contractual obligations to, or restrictions imposed by, its Third Party licensorsPrior Obligations of the Owning Party, the Owning Party shall have the initial right, but not the obligation, to institute an infringement action or take other appropriate action that it believes is reasonably required to protect the Owning Party's IP its solely-owned Patent Rights (other than any Glycoprotein Product-Related Patent Rights or Collaboration Product-Specific Patent Rights relevant to the exercise by the Sandoz Parties of the licenses granted in Section 2.1Rights) from infringement by a product competitive with a Product in the Field, Field in the relevant Territory when, from its own knowledge or upon notice from another the other Party, the Owning Party becomes aware of the reasonable probability that such infringement exists in the Fieldexists. With respect to infringement in the Field in the U.S. Territorysuch an infringement, the Non-Owning Party may at any time join in any infringement action brought by the Owning Party and may be represented by counsel of its choice, but control of such action shall remain with the Owning Party. Each other The Non-Owning Party shall join in any infringement action as a party at the Owning Party's ’s request in the event that an adverse party asserts, the court rules or other laws then applicable provide, or the Owning Party determines in good faith, that a court lacks jurisdiction based on such other Party's ’s absence as a party in such suit. EXECUTION COPY.

Initial Rights. Subject to any contractual obligations to, or restrictions imposed by, its Third Party licensors, the Owning Party shall have the initial right, but not the obligation, to institute an infringement action or take other appropriate action that it believes is reasonably required to protect the Owning Party's ’s IP (other than any Product-Specific Patent Rights relevant to the exercise by the Sandoz Parties of the licenses granted in Section 2.1) from infringement in the Field, when, from its own knowledge or upon notice from another Party, the Owning Party becomes aware of the reasonable probability that such infringement exists in the Field. With respect to infringement in the Field in the U.S. Territory, the Non-Owning Party may at any time join in any infringement action brought by the Owning Party and may be represented by counsel of its choice, but control of such action shall remain with the Owning Party. Each other Party shall join in any infringement action as a party at the Owning Party's ’s request in the event that an adverse party asserts, or the Owning Party determines in good faith, that a court lacks jurisdiction based on such other Party's ’s absence as a party in such suit. EXECUTION COPY.