Jointly-Owned Program Patents. With respect to the infringement of a Jointly-Owned Program Patent which is not a Competitive Infringement, the Parties will cooperate in good faith to bring suit together against such infringing party or the Parties may decide to permit one Party to solely bring suit. Any damages or other monetary awards recovered with respect to a Proceeding brought pursuant to this Section 7.6.1 will be shared as follows: (i) the amount of such recovery will first be applied to the Parties’ reasonable out-of-pocket costs incurred in connection with such Proceeding (which amounts will be allocated pro rata if insufficient to cover the totality of such expenses); (ii) any remaining proceeds constituting direct damages will be [***], and (iii) any remaining proceeds constituting punitive or treble damages will be allocated as follows: (A) if the Parties jointly initiate a Proceeding pursuant to this Section 7.6.1, [***]; and (B) if only one Party initiates the Proceeding pursuant to this Section 7.6.1, such Party will receive [***]% of such proceeds and the other Party will receive [***]% of such proceeds.
Appears in 6 contracts
Samples: Strategic Neurology Drug Discovery and Development Collaboration, Option and License Agreement (Ionis Pharmaceuticals Inc), Research Collaboration, Option and License Agreement (Ionis Pharmaceuticals Inc), Strategic Neurology Drug Discovery and Development Collaboration, Option and License Agreement (Isis Pharmaceuticals Inc)
Jointly-Owned Program Patents. With respect to the infringement of a Jointly-Owned Program Patent which is not a Competitive InfringementPatent, the Parties will cooperate in good faith to bring suit together against such infringing party or the Parties may decide to permit one Party to solely bring suit. Any damages or other monetary awards recovered with respect to a Proceeding brought pursuant to this Section 7.6.1 8.6.1 will be shared as follows: (i) the amount of such recovery will first be applied to the Parties’ reasonable out-of-pocket costs incurred in connection with such Proceeding (which amounts will be allocated pro rata if insufficient to cover the totality of such expenses); (ii) any remaining proceeds constituting direct damages will be [***], and (iii) any remaining proceeds constituting punitive or treble damages will be allocated as follows: (A) if the Parties jointly initiate a Proceeding pursuant to this Section 7.6.18.6.1, [***]; and (B) if only one Party initiates the Proceeding pursuant to this Section 7.6.18.6.1, such Party any damages or other monetary awards will receive be allocated [***]% of such proceeds and the other Party will receive to [***]% in favor of such proceedsthe Party initiating the Proceeding pursuant to this Section 8.6.1.
Appears in 2 contracts
Samples: License Agreement, License Agreement (Isis Pharmaceuticals Inc)
Jointly-Owned Program Patents. With respect to the infringement of a Jointly-Owned Program Patent which is not a Competitive Infringement, the Parties will cooperate in good faith to bring suit together against such infringing party or the Parties may decide to permit one Party to solely bring suit. Any damages or other monetary awards recovered with respect to a Proceeding brought pursuant to this Section 7.6.1 will be shared as follows: (ia) the amount of such recovery will first be applied to the Parties’ reasonable out-of-pocket costs incurred in connection with such Proceeding (which amounts will be allocated pro rata if insufficient to cover the totality of such expenses); (iib) any remaining proceeds constituting direct damages will be [***], and (iiic) any remaining proceeds constituting punitive or treble damages will be allocated as follows: (Ai) if the Parties jointly initiate a Proceeding pursuant to this Section 7.6.1, [***]; and (Bii) if only one Party initiates the Proceeding pursuant to this Section 7.6.1, such Party will receive [***]% of such proceeds and the other Party will receive [***]% of such proceeds.
Appears in 2 contracts
Samples: Neurology Drug Discovery and Development Collaboration, Option and License Agreement (Ionis Pharmaceuticals Inc), Strategic Neurology Drug Discovery and Development Collaboration, Option and License Agreement (Ionis Pharmaceuticals Inc)
Jointly-Owned Program Patents. With respect to the infringement of a Jointly-Owned Program Patent which is not a Competitive Infringement, the Parties will cooperate in good faith to bring suit together against such infringing party or the Parties may decide to permit one Party to solely bring suit. Any damages or other monetary awards recovered with respect to a Proceeding brought pursuant to this Section 7.6.1 will be shared as follows: (i) the amount of such recovery will first be applied to the Parties’ reasonable outOut-of-pocket Pocket costs incurred in connection with such Proceeding (which amounts will be allocated pro rata if insufficient to cover the totality of such expenses); (ii) any remaining proceeds constituting direct damages will be [***], and (iii) any remaining proceeds constituting punitive or treble damages will be allocated as follows: (A) if the Parties jointly initiate a Proceeding pursuant to this Section 7.6.1, each Party will receive [***]% of such proceeds; and (B) if only one Party initiates the Proceeding pursuant to this Section 7.6.1, such Party will receive [***]% of such proceeds and the other Party will receive [***]% of such proceeds.
Appears in 2 contracts
Samples: Research Collaboration, Option and License Agreement (Ionis Pharmaceuticals Inc), Research Collaboration, Option and License Agreement (Isis Pharmaceuticals Inc)
Jointly-Owned Program Patents. With respect to the infringement of a Jointly-Owned Program Patent which is not a Competitive Infringement, the Parties will cooperate in good faith to bring suit together against such infringing party or the Parties may decide to permit one Party to solely bring suit. Any damages or other monetary awards recovered with respect to a Proceeding brought pursuant to this Section 7.6.1 will be shared as follows: (ia) the amount of such recovery will first be applied to the Parties’ reasonable out-of-pocket costs incurred in connection with such Proceeding (which amounts will be allocated pro rata if insufficient to cover the totality of such expenses); (iib) any remaining proceeds constituting direct damages will be [***], ] and (iiic) any remaining proceeds constituting punitive or treble damages will be allocated as follows: (Ai) if the Parties jointly initiate a Proceeding pursuant to this Section 7.6.1, [***]; and (Bii) if only one Party initiates the Proceeding pursuant to this Section 7.6.1, such Party will receive [***]% of such proceeds and the other Party will receive [***]% of such proceeds.
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