PARTNER Sole Right Sample Clauses

PARTNER Sole Right. As between REGENX and PARTNER, PARTNER shall have the sole right, but not the obligation, to prosecute any Infringement with respect to any PARTNER Patent in the Licensed Field in the Territory, as well as any infringement of any PARTNER Patent with respect to a product that is biosimilar to or competes against a Licensed Product in the Licensed Field in the Territory, and PARTNER shall retain control of the prosecution of such claim, suit or proceeding. In the event PARTNER prosecutes any such Infringement, REGENX shall have the right to join as a party to such claim, suit, or proceeding in the Territory and participate with its own counsel [****]; provided that PARTNER shall retain control of the prosecution of such claim, suit, or proceeding. Subject to Section 9.10.3(b), REGENX shall not assert any Patent in such claim, suit or proceeding, or against the same potential or actual infringer in connection with the same product in a different claim, suit, or proceeding, in each case without PARTNER’s prior written consent.