Non-Product Infringement Sample Clauses
Non-Product Infringement. (a) Xilio shall have the sole right, but not the obligation, to prosecute any alleged or threatened infringement of a [**] that is not Product Infringement in the Territory, including as a defense or counterclaim in connection with any Third Party Infringement Claim, at its sole expense, and ▇▇▇▇▇ shall retain control of the prosecution of the applicable claim, suit or proceeding with respect to such infringement and retain all recoveries in connection therewith.
(b) AbbVie shall have the sole right, but not the obligation, to prosecute any alleged or threatened infringement of any [**] in the Territory, including as a defense or counterclaim in connection with any Third Party Infringement Claim, at its sole expense, and AbbVie shall retain control of the prosecution of the applicable claim, suit or proceeding with respect to such infringement and retain all recoveries in connection therewith.
Non-Product Infringement. Karuna shall have the exclusive right, but not the obligation, to bring and control any legal action in connection with any alleged or threatened infringement by a Third Party of any Licensed Patent that is not a Product Infringement, and any related declaratory judgment, opposition, or similar action by a Third Party alleging the invalidity, unenforceability or non-infringement of such Licensed Patent, at its own expense as it reasonably determines appropriate.