Common use of Licensee’s Enforcement Rights Clause in Contracts

Licensee’s Enforcement Rights. Licensee shall enforce the Patent Rights against any infringement by a third party in the Field. Licensee shall provide MDA with written notice of its intent to file an infringement lawsuit at least 20 days before filing. Licensee shall be responsible for payment of all fees and expenses associated with such enforcement incurred by Licensee and incurred by MD Xxxxxxxx in providing cooperation or joining as a party as provided in Paragraph 9.4. Any monetary recovery for actual damages or punitive or enhanced damages in excess of Licensee’s documented, third-party expenses in enforcing the Patent Rights and amounts actually reimbursed by Licensee to MD Xxxxxxxx under this Paragraph 9.2 shall be shared by Licensee with MD Xxxxxxxx as follows: 25% of such monetary recovery shall be paid to MD Xxxxxxxx and 75% shall be retained by Licensee.

Licensee’s Enforcement Rights. Licensee shall enforce the Patent Rights against any infringement by a third party in the Field. Licensee shall provide MDA LLU with written notice of its intent to file an infringement lawsuit at least 20 twenty (20) days before filing. Licensee shall be responsible for payment of all fees and expenses associated with such enforcement incurred by Licensee and incurred by MD Xxxxxxxx LLU in providing cooperation or joining as a party as provided in Paragraph Section 9.4. Any monetary recovery for actual damages or punitive or enhanced damages in excess of Licensee’s documented, third-party expenses in enforcing the Patent Rights and amounts actually reimbursed by Licensee to MD Xxxxxxxx LLU under this Paragraph Section 9.2 shall be shared by Licensee with MD Xxxxxxxx LLU as follows: twenty-five percent (25% %) of such monetary recovery shall be paid to MD Xxxxxxxx LLU and seventy-five percent (75% %) shall be retained by Licensee.