Common use of Patent Invalidity Suit Clause in Contracts

Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTS, JHU may elect to take over the sole defense of the action at its own expense. Company shall cooperate fully with JHU in connection with any such action.

Appears in 26 contracts

Samples: Exclusive License Agreement (Denali SPAC Holdco, Inc.), Exclusive License Agreement (NexImmune, Inc.), Exclusive License Agreement

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Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the JHU OWNED PATENT RIGHTS, JHU may elect to take over the sole defense of the action at its own expense. Company Each Party shall cooperate fully with JHU the other in connection with any such action.

Appears in 2 contracts

Samples: Exclusive License Agreement (Unity Biotechnology, Inc.), Exclusive License Agreement (Unity Biotechnology, Inc.)

Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTS, JHU may elect Company shall have the first right, but not the obligation, to take over assume responsibility for the sole defense of the action at its own expense. JHU shall cooperate fully with Company in connection with any such action. If Company does not elect to assume responsibility for the defense of such action, JHU shall have the right, but not the obligation, to assume responsibility for the defense of such action. In such event, Company shall cooperate fully with JHU in connection with any such action.

Appears in 2 contracts

Samples: Exclusive License Agreement (BIND Therapeutics, Inc), Exclusive License Agreement (BIND Therapeutics, Inc)

Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTS, JHU may elect to take over join as co-defendents of the sole defense of the action at its own expense. Company and JHU shall cooperate fully with JHU each other in connection with any such action.

Appears in 1 contract

Samples: License Agreement (Proteonomix, Inc.)

Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTS, JHU may elect to take over the sole defense of the action at its own expense. Company shall cooperate fully with JHU in connection with any such action.. CONFIDENTIAL DRAFT

Appears in 1 contract

Samples: Exclusive License Agreement (Protea Biosciences Inc.)

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Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTS, JHU may elect to take over the sole defense of the action at its own expense. Company shall cooperate fully with JHU in connection with any such action.. ​

Appears in 1 contract

Samples: Exclusive License Agreement (Kala Pharmaceuticals, Inc.)

Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTS, JHU may elect to take over the sole defense of the action at its own expense. Company Each Party shall cooperate fully with JHU the other in connection with any such action.

Appears in 1 contract

Samples: Exclusive License Agreement (Graybug Vision, Inc.)

Patent Invalidity Suit. If a declaratory judgment action is brought naming Company as a defendant and alleging invalidity of any of the PATENT RIGHTSLicensed Patent Rights, JHU may elect to take over the sole defense of the action at its own expense. Company shall cooperate fully with JHU in connection with any such action.

Appears in 1 contract

Samples: Patent and Technology License and Materials Transfer Agreement (Aduro Biotech, Inc.)

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