Patent Defense Costs Sample Clauses

Patent Defense Costs. XENO will use reasonable efforts, at its discretion to defend Xeno Patent Rights at its own expense against any Third Party infringement. GENE LOGIC at its option may elect to join in any prosecution of Third Party infringer initiated by XENO at GENE LOGIC's expense. In the event that GENE LOGIC is sued

Patent Defense Costs. XENO will use reasonable efforts, at its discretion to defend XENO patents at its own expense against any Third Party infringement. CEREP at its option may elect to join in any prosecution of Third Party infringer initiated by XENO at CEREP's expense. In the event that CEREP is sued by a Third Party for infringement of a Third Party's patent, XENO hereby agrees, if CEREP so requests, to provide CEREP with all reasonable advice or technical support that CEREP may deem appropriate as appropriate or necessary.

Patent Defense Costs. XENO will use reasonable efforts, at its discretion to defend XENO Patents and Harvard Patents at its own expense against any infringement by a Third Party, and XENO will notify ROSETTA promptly in writing of any such infringement by a Third Party known by XENO; PROVIDED, HOWEVER, that (a) ROSETTA, at its option, may elect to join any such prosecution of a Third Party infringer initiated by XENO at ROSETTA's expense and (b) XENO will conduct such prosecution upon the advice and consent of ROSETTA with respect to material decisions (including litigation strategy decisions) relating to such prosecution. If XENO * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. does not initiate such a prosecution with respect to any individual instance of Third Party infringement, ROSETTA may, at its own expense, upon the advice and with the consent of XENO, initiate and control such prosecution. In the event that ROSETTA is sued by a Third Party for infringement of a Third Party's patent, XENO hereby agrees, if ROSETTA so requests, to provide ROSETTA with all reasonable advice or technical support that ROSETTA may reasonably request at ROSETTA's expense.

Patent Defense Costs. In the event that after Patent Issuance CollaGenex incurs costs (“Patent Defense Costs”) by way of (i) legal fees incurred in defending in litigation any patent that issues out of the Patent Applications and covers a SansRosa Rosacea Product, against allegations of invalidity in the U.S., and or (ii) legal fees incurred in asserting any such patent in litigation against an alleged infringer of such patent in the U.S., and or (iii) payments in settlement of litigation arising in either of the contexts described above, where the settlement maintains CollaGenex as the exclusive or co-exclusive seller of a SansRosa Rosacea Product in the U.S.. such Patent Defense Costs to the extent not recovered as provided in Section 3(g) shall be offset [**] percent ([**]%) against the Earn Out Consideration.