Other Infringements. For clarity, as between the Parties, FibroGen China shall have the sole right to enforce the FibroGen China Patents in the Territory against any infringement, imminent infringement, threatened infringement or alleged infringement that is not a Product Infringement in the Field.
Other Infringements. [*] shall have the sole right, but not the obligation, to bring and control, at its own cost and expense, any legal action in connection with any infringement of any [*] Patents (excluding [*] Patents) that is not a Product Infringement, and retain all recoveries from such action. [*] shall have the sole right, but not the obligation, to bring and control, at its own cost and expense, any legal action in connection with any infringement of any Patent Rights [*] (excluding [*] Patents), and retain all recoveries from such action.
Other Infringements. Amerimmune shall have the right, but not thr obligation, at Amerimmune's expense to take such action against infringements other than Substantial o Infringements as Amerimmune deems appropriate. If Amerimmune declines to take action (i.e. send demand letter, file lawsuit) against an infringer within thirty (30) days of receipt of notice thereof from Inventor, Inventor shall have the right to take action against such infringer upon giving at least fifteen (15) days prior written notice. Amerimmune shall have the right to participate in such action, at Amerimmune's expense. Inventor shall not settle any action against a third party infringer of the Technology or the Marks without Amerimmune's prior written consent, which consent shall not be unreasonably withheld.
Other Infringements. Xenon shall have the exclusive right to bring and control any legal action to enforce the Xenon Patents against any infringement that is not a Product Infringement, at its own expense and as it reasonably determines appropriate. Neurocrine shall have the exclusive right to bring and control any legal action to enforce the Neurocrine Patent Rights against any infringement, at its own expense and as it reasonably determines appropriate.
Other Infringements. Except as provided in Section 6.3(b), as between the Parties, Licensor shall have the sole right to protect the Licensor Patent Rights from any actual or suspected infringement or misappropriation and control the defense of any counterclaim or other claims brought in response to such legal action, at Licensor’s expense. In any legal action so brought by Licensor, Licensee shall join in such action as a party at Licensor’s request and expense in the event that an adverse party asserts, the court rules or other Laws provide, or Licensor determines in good faith, that a court would lack jurisdiction based on Licensee’s absence as a party in such suit. Licensee may also at any time join in such action and may be represented by counsel of its choice, at Licensee’s expense. Notwithstanding the foregoing, control of such action shall remain with Licensor. At Licensor’s reasonable request and expense, Licensee shall provide reasonable assistance to Licensor in connection with such action. Without the prior written consent of Licensee, Licensor shall not enter into any settlement that would have an adverse effect upon Licensee’s rights under the Licenses and/or otherwise adversely affect Licensee’s economic benefits pursuant to the Licenses. Any recoveries resulting from such an action shall be applied as follows:
(A) First, to reimburse each Party for all out-of-pocket costs in connection with such proceeding (on a pro rata basis, based on each Party’s respective litigation costs, to the extent the recovery was less than all such litigation costs); and
(B) Second, the remainder of the recovery shall be retained by Licensor.
Other Infringements. Synergy shall have the sole right to enforce Synergy Patents in the Synergy Territory, and Synergy shall be entitled to retain all recoveries resulting from all such enforcements.
Other Infringements. Aridis shall have the sole right to enforce Aridis Patents outside the Applicable Territory, and with respect to infringements other than “Infringements” as defined in section 9.3(a), and Aridis shall be entitled to retain all recoveries resulting from all such enforcements.
Other Infringements. Company shall have the sole right and authority, but not the obligation, to enforce Company Patents against any Third Party infringement and to defend against any claim that any Company Patent is invalid or unenforceable, including as a defense or counterclaim in connection with any Infringement Action, at its own cost and expense, and Company shall be entitled to retain all recoveries resulting from all such enforcement actions. KemPharm shall provide reasonable assistance to Company with respect thereto, including providing access to relevant documents and other evidence and making its employees available, subject to Company’s reimbursement of any reasonable out-of-pocket expenses incurred by KemPharm on an on-going basis in providing such assistance.
Other Infringements. KemPharm shall have the sole right to enforce Licensed Patents in the Retained Territory, KemPharm shall be entitled to retain all recoveries resulting from all such enforcements, and KVK shall not be obligated to participate or assist in such enforcements.
Other Infringements. Notwithstanding anything to the contrary in this Agreement, Alexza shall have the sole right to bring and control any action or proceeding with respect to any alleged or threatened infringement of any Alexza Patent other than a Field Infringement, and Alexza shall retain any recovery realized by Alexza in connection therewith.
