Common use of Jointly Owned Patents Clause in Contracts

Jointly Owned Patents. In the event that the parties become aware of any alleged or threatened infringement of the jointly owned Program Patents in either party's Territory, the party in whose Territory the infringement is occurring shall have the right to bring, at such party's expense, an appropriate action against any person or entity directly or contributorily infringing such jointly owned Program Patent. In such event, the other party hereby agrees to cooperate reasonably with the party bringing such action in any such efforts, including if required to bring such action, the furnishing of a power of attorney. In the event the party in whose Territory the infringement is occurring fails to institute an infringement suit or take other reasonable action to protect the relevant Program Patent, the other party shall have the right, upon [ * ] of notification of the party in whose Territory the infringement is occurring, to institute such suit or take other appropriate action at its own expense in its own name, the joint owner's name, or both. In such event, the party not bringing such action hereby agrees to cooperate reasonably with the party bringing such action in any such effort, including if required to bring such action, the furnishing of a power of attorney. Regardless of which party brings the action, any recovery obtained by settlement or otherwise shall be disbursed as follows: [ * ].

Jointly Owned Patents. In the event that the parties become aware of any alleged or threatened infringement of the jointly owned Program Patents in either party's Territory, the party in whose Territory the infringement is occurring shall have the right right, but not the obligation, to bring, at such party's expense, an appropriate action against any person or entity directly or contributorily infringing such jointly owned Program Patent. In such event, the other party hereby agrees to cooperate reasonably with the party bringing such action in any such efforts, including including, if required to bring such action, the furnishing of a power of power-of-attorney. In the event the party in whose Territory the infringement is occurring fails to institute an infringement [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange pursuant to Rule 406 of the Securities Act of 1933, as amended. suit or take other reasonable action to protect the relevant Program Patent, the other party shall have the right, upon [ * ] of notification of the party in whose Territory the infringement is occurring, to institute such suit or take other appropriate action at its own expense in its own name, the joint owner's name, or both. In such event, the party not bringing such action hereby agrees to cooperate reasonably with the party bringing such action in any such effort, including if required to bring such action, the furnishing of a power of power-of- attorney. Regardless of which party brings the action, any recovery obtained by settlement or otherwise shall be disbursed as follows: [ * ].