Injunctive Relief; Court Actions. Either Party may apply to the arbitral tribunal for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or other equitable relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the scope, construction, validity, and enforceability of any patent, and no such claim shall be subject to arbitration pursuant to Section 13.3.
Appears in 2 contracts
Samples: License and Technology Transfer Agreement (Cidara Therapeutics, Inc.), Exclusive License and Collaboration Agreement (Cidara Therapeutics, Inc.)
Injunctive Relief; Court Actions. Either Party party may apply to the arbitral tribunal for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or other equitable relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the scope, construction, validity, and enforceability of any patent, and no such claim shall be subject to arbitration pursuant to Section 13.314.3.
Appears in 1 contract
Injunctive Relief; Court Actions. Either Party party may apply to the arbitral tribunal arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or other equitable relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the scopevalidity, construction, validityscope, and enforceability enforceability, infringement or other violations of any patentPatents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 13.3.12.2. Further, no claim under any antitrust, anti-monopoly or
Appears in 1 contract
Samples: Collaboration and License Agreement (Cidara Therapeutics, Inc.)
Injunctive Relief; Court Actions. Either Party party may apply to the arbitral tribunal arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim injunctive or other equitable interim relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties parties or any ongoing arbitration proceeding. In addition, either Party party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the scopevalidity, construction, validityscope, and enforceability enforceability, infringement or other violations of any patentPatents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 13.312.2.
Appears in 1 contract
Samples: Collaboration and License Agreement (Roivant Sciences Ltd.)
Injunctive Relief; Court Actions. Either Party may apply to the arbitral tribunal arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim injunctive or other equitable interim relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the scopevalidity, construction, validityscope, and enforceability enforceability, infringement or other violations of any patentPatents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 13.314.2.
Appears in 1 contract
Samples: Collaboration and License Agreement (Verrica Pharmaceuticals Inc.)
Injunctive Relief; Court Actions. Either Party may apply to the arbitral tribunal arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim injunctive or other equitable interim relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the scopevalidity, construction, validityscope, and enforceability enforceability, infringement or other violations of any patentPatents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 13.314.2 (Arbitration).
Appears in 1 contract
Samples: Exclusive License and Collaboration Agreement (Kindred Biosciences, Inc.)