MAINTENANCE OF LAWSUITS INVOLVING CHIRON PATENTS. Chiron, in its sole discretion, shall have the sole right (but not the obligation) to file and maintain actions for infringement of any Chiron Patents by any Third Party, in its own name and/or in the name of PathoGenesis, if necessary. Chiron shall have sole control over the prosecution of such actions. In the event that the infringing product which is the subject of such infringement action competes in the marketplace with an Independent PathoGenesis Product, Chiron shall, prior to commencement of the action, or within a reasonable time after the commencement of the action, provide PathoGenesis written notification granting PathoGenesis the opportunity to provide financial support for the action. PathoGenesis shall, within thirty (30) days after its receipt of such notification, inform Chiron whether or not PathoGenesis desires to provide such financial support. If PathoGenesis declines the opportunity to provide financial support, Chiron may proceed with the infringement action at its own expense, and Chiron shall retain any and all amounts recovered by reason of such action. If PathoGenesis elects to provide financial support for the action, Chiron and PathoGenesis shall discuss and mutually agree upon the percentage of expenses related to the action which shall be assumed each by Chiron and PathoGenesis. In such event, the right of each Party to retain amounts recovered by reason of such lawsuit shall be in direct proportion to the percentage of expenses related to the action borne by each Party and the damages suffered by each Party from the infringement. Moreover, in the event PathoGenesis elects to provide financial support for such action, PathoGenesis shall have the right to participate in such action, subject to Chiron's control of the action. PathoGenesis shall provide Chiron reasonable assistance and cooperate in any such proceedings filed by Chiron, including the entry into additional agreements necessary to perfect Chiron's right to bring or maintain such infringement actions. If Chiron does not exercise its right to enforce a Patent covering an Independent PathoGenesis Product within 90 days after the date of such notice, PathoGenesis shall have the right to file and maintain such infringement action at its own cost and expense, provided that the Third Party product which is the subject of such infringement action is a competing product with respect to the Independent PathoGenesis Product. The costs incurred by PathoGenesis in maintaining s...
MAINTENANCE OF LAWSUITS INVOLVING CHIRON PATENTS. Chiron, in its sole discretion, shall have the sole right (but not the obligation) to file and maintain actions for infringement of any Chiron Patents by any Third Party, in its own name and/or in the name of PathoGenesis, if necessary. Chiron shall have sole control over the prosecution of such actions. In the event that the infringing product which is the subject of such infringement action competes in the marketplace with an Independent PathoGenesis Product, Chiron shall, prior to commencement of the action, or within a reasonable time after the commencement of the action, provide PathoGenesis written notification granting PathoGenesis the opportunity to provide financial support for the action. PathoGenesis shall, within thirty (30) days after its receipt of such notification, inform Chiron whether or not PathoGenesis desires to provide such financial support. If PathoGenesis declines the opportunity to provide financial support, Chiron may proceed with the infringement action at its own expense, and Chiron shall retain any and all amounts recovered by reason of such action. If PathoGenesis elects to
