Common use of Other Defensive Litigation Clause in Contracts

Other Defensive Litigation. If a declaratory judgment action alleging invalidity, unenforceability or non-infringement of any of the Exclusively Licensed Patent Rights is brought against Licensee and/or Caltech, Licensee shall have the first right to control the defense of such action at its own expense. Caltech may elect to control the defense of such action if Licensee declines to do so, and if Caltech so elects it shall bear all the costs of the action and shall make settlements only in consultation with Licensee. Licensee shall also have the first right to control the defense of any interference, opposition or similar patent office procedure with respect to the Exclusively Licensed Patent Rights, and shall bear all the costs thereof, and shall make settlements for the aforementioned in reasonable consultation with and with the written consent of Caltech.

Other Defensive Litigation. If a declaratory judgment action alleging invalidity, unenforceability or non-infringement of any of the Exclusively Licensed Patent Rights is brought against Licensee and/or Caltech, Licensee Caltech shall have the first right to control the defense of such action at ‘its own expense. Caltech Licensee may elect to control the defense of such action if Licensee Caltech declines to do so, and if Caltech Licensee so elects it shall bear all the costs of the action and shall make settlements only in consultation with Licenseethe advice and written consent of Caltech. If mutually agreed between the Parties, Licensee shall may also have the first right to control undertake the defense of any interference, opposition or similar patent office procedure with respect to the Exclusively Licensed Patent Rights, and shall bear providing that Licensee bears all the costs thereof, thereof and shall make makes settlements for the aforementioned in reasonable consultation with and only with the advice and written consent of Caltech.