Common use of Patent Invalidity Claim Clause in Contracts

Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI or Abbott pursuant to Section 10.3 or in an action brought against CTI or Abbott under Section 10.4, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Appears in 2 contracts

Samples: License Agreement (Critical Therapeutics Inc), License Agreement (Critical Therapeutics Inc)

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Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI or Abbott Xxxxxx pursuant to Section 10.3 or in an action brought against CTI or Abbott Xxxxxx under Section 10.4, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Appears in 2 contracts

Samples: License Agreement (Critical Therapeutics Inc), License Agreement (Critical Therapeutics Inc)

Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Licensed Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI ACHILLION or Abbott UMBC pursuant to Section 10.3 or 5.2, in an action brought against CTI ACHILLION or Abbott UMBC under Section 10.45.3 or in an interference proceeding, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: License Agreement (Achillion Pharmaceuticals Inc)

Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Licensed Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI Dyne or Abbott UMONS pursuant to Section 10.3 5.2 or in an action brought against CTI Dyne or Abbott under UMONS referred to in Section 10.45.3, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: License Agreement (Dyne Therapeutics, Inc.)

Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Licensed Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI Achillion or Abbott FOB pursuant to Section 10.3 7.3 or in an action brought against CTI Achillion or Abbott under FOB referred to in Section 10.47.4, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: License Agreement (Achillion Pharmaceuticals Inc)

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Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Licensed Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI Licensor or Abbott Licensee pursuant to Section 10.3 6.3 or in an action brought against CTI Licensor or Abbott Licensee under Section 10.46.4, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: License Agreement (Curagen Corp)

Patent Invalidity Claim. If a Third Party at any time asserts a claim that any Licensed Patent Right is invalid or otherwise unenforceable (an "Invalidity Claim"), whether as a defense in an infringement action brought by CTI NAVB or Abbott ALSE pursuant to Section 10.3 5.2 or in an action brought against CTI NAVB or Abbott under ALSE referred to in Section 10.45.3, the Parties shall cooperate with each other in preparing and formulating a response to such Invalidity Claim. Neither Party shall settle or compromise any Invalidity Claim without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: Sublicense Agreement (Navidea Biopharmaceuticals, Inc.)

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