Common use of Participation of the Other Party with Respect to Infringement Suits Clause in Contracts

Participation of the Other Party with Respect to Infringement Suits. If a Party brings an action against Infringement under this Section 5.7, the other Party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and such Party shall cooperate fully with the Party bringing such action including by being joined as a party plaintiff if necessary to obtain standing for such action (all at the expense on a pass-through basis of the prosecuting Party).

Appears in 3 contracts

Samples: Certain Confidential (Compass Therapeutics, Inc.), Collaboration Agreement (Alector, Inc.), Collaboration Agreement (Arsanis, Inc.)

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Participation of the Other Party with Respect to Infringement Suits. If a Party brings an action against Infringement under this Section 5.75.4(b) or Section 5.4(f), the other Party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and such Party shall cooperate fully with the Party bringing such action including by being joined as a party plaintiff if necessary to obtain standing for such action (all at the expense on a pass-through basis of the prosecuting PartyParty bringing the action). Pharmstandard acknowledges that KHK has the right under the KHK Agreement to participate in any such action in accordance with the terms thereof.

Appears in 2 contracts

Samples: License Agreement, License Agreement (Aveo Pharmaceuticals Inc)

Participation of the Other Party with Respect to Infringement Suits. If a Party brings an action against Infringement infringement under this Section 5.7, the other Party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and such Party shall reasonably cooperate fully with the Party bringing such action the action, including by being joined joining such suit as a party plaintiff if necessary to obtain standing for such action (all at the expense on a pass-through basis of the prosecuting enforcing Party).

Appears in 2 contracts

Samples: Collaboration Agreement (Merrimack Pharmaceuticals Inc), Collaboration Agreement (Merrimack Pharmaceuticals Inc)

Participation of the Other Party with Respect to Infringement Suits. If a Party brings an action against Infringement under this Section 5.75.4(b) or Section 5.4(f), the other Party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and such Party shall cooperate fully with the Party bringing such action including by being joined as a party plaintiff if necessary to obtain standing for such action (all at the expense on a pass-through basis of the prosecuting Party). Partner acknowledges that KHK has the right under the KHK Agreement to participate in any such action in accordance with the terms thereof.

Appears in 2 contracts

Samples: License Agreement (Aveo Pharmaceuticals, Inc.), License Agreement (Aveo Pharmaceuticals Inc)

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Participation of the Other Party with Respect to Infringement Suits. If a Party party brings an action against Infringement infringement under this Section 5.710.4(b), the other Party party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and such Party party shall cooperate fully with the Party party bringing such action including by being joined as a party plaintiff if necessary to obtain standing for such action (all at the expense on a pass-through basis of the prosecuting Partyparty).

Appears in 1 contract

Samples: Supply Agreement (Pharmathene, Inc)

Participation of the Other Party with Respect to Infringement Suits. If a Party brings an action against Infringement infringement under this Section 5.76.5, the other Party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, and such Party shall cooperate fully with the Party bringing such action including by being joined as a party plaintiff if necessary to obtain standing for such action (all at the expense on a pass-through basis of the prosecuting Party).

Appears in 1 contract

Samples: License Agreement (Aveo Pharmaceuticals Inc)

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