Joinder; Cooperation. (a) If a Party initiates a Proceeding in accordance with this Section 8.6, the other Party agrees to be joined as a party plaintiff where necessary and to give the first Party reasonable assistance and authority to file and prosecute the Proceeding. Subject to Section 8.6.4, the costs and expenses of each Party incurred pursuant to this Section 8.6.3(a) will be borne by the Party initiating such Proceeding; provided Novartis will only be requested to join such a Proceeding if such Proceeding relates to a Patent Right or Product licensed to Novartis under Section 5.1. (b) If one Party initiates a Proceeding in accordance with this Section 8.6.3, the other Party may join such Proceeding as a party plaintiff where necessary for such other Party to seek lost profits with respect to such infringement.
Appears in 5 contracts
Samples: Collaboration and Option Agreement, Strategic Collaboration, Option and License Agreement (Ionis Pharmaceuticals Inc), Strategic Collaboration, Option and License Agreement (Akcea Therapeutics, Inc.)
