Common use of Jointly Owned Patents Clause in Contracts

Jointly Owned Patents. In the event of an Infringement of Joint Patent Rights, the Parties shall agree which Party will have the rights and responsibilities of abating such Infringement, and how the expenses and any recovery thereof shall be shared. In this event, the responsible Party shall [*****], and shall keep the other Party fully informed as to the status of such matters. In the event only one Party wishes to pursue such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery, and the other Party agrees, at the request and expense of the Party initiating such action, to cooperate and join in any proceedings in the event that a Third Party asserts that the co-owner of such Joint Invention is necessary or indispensable to such proceedings.

Appears in 3 contracts

Samples: Collaborative Research Agreement (Diversa Corp), Collaborative Research Agreement (Diversa Corp), Collaborative Research Agreement (Diversa Corp)

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Jointly Owned Patents. In the event of an Infringement of Joint Patent Rights, the Parties shall agree which Party will have the rights and responsibilities of abating such Infringement, and how the expenses and any recovery thereof shall be shared. In this event, the responsible Party shall [*****]use patent counsel reasonably acceptable to the other Party, and shall keep the other Party fully informed as to the status of such matters. In the event only one Party wishes to pursue such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery, and the other Party agrees, at the request and expense of ------------------------------- * CONFIDENTIAL TREATMENT REQUESTED the Party initiating such action, to cooperate and join in any proceedings in the event that a Third Party asserts that the co-co- owner of such Joint Invention is necessary or indispensable to such proceedings.

Appears in 1 contract

Samples: Project Agreement (Diversa Corp)

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