Patent Invalidity Suit. LICENSEE shall defend at LICENSEE's expense a declaratory judgment or other action brought by a third party naming LICENSEE or JHU as a defendant and alleging invalidity of any of the PATENT RIGHTS. JHU shall reasonably cooperate in any such defense at LICENSEE'S expense. JHU in its discretion may elect to take over the sole defense of the action at its own expense, in which case LICENSEE shall cooperate fully with JHU in connection with any such action.
Appears in 1 contract
Samples: Exclusive License Agreement (SignPath Pharma, Inc.)
Patent Invalidity Suit. LICENSEE shall have the first right (but not the obligation) to defend at LICENSEE's expense a declaratory judgment or other action brought by a third party naming LICENSEE or JHU as a defendant and alleging invalidity of any of the PATENT RIGHTS. RIGHTS in which case JHU shall reasonably cooperate in any such defense at fully with LICENSEE'S expense. If LICENSEE opts not to defend, JHU in its discretion may elect to take over the sole defense of the action at its own expense, in which case LICENSEE shall cooperate fully with JHU in connection with any such action.
Appears in 1 contract
Samples: Exclusive License Agreement (Progenics Pharmaceuticals Inc)
Patent Invalidity Suit. LICENSEE shall defend at LICENSEE's expense a declaratory judgment or other action brought by a third party naming LICENSEE or JHU as a defendant and alleging invalidity of any of the PATENT RIGHTS. JHU shall reasonably cooperate in any such defense at LICENSEE'S expense. JHU in its discretion may elect to take over the sole defense of the action at its own expense, in which case LICENSEE shall cooperate fully with JHU in connection with any such action.
Appears in 1 contract
Samples: Exclusive License Agreement
Patent Invalidity Suit. LICENSEE shall defend at LICENSEE's ’s expense a declaratory judgment or other action brought by a third party naming LICENSEE or JHU as a defendant and alleging invalidity of any of the PATENT RIGHTS. JHU shall reasonably cooperate in any such defense at LICENSEE'S expenseLICENSED PATENTS. JHU in its discretion may elect to take over the sole defense of the action at its own expense, in which case LICENSEE shall cooperate fully with JHU in connection with any such action.
Appears in 1 contract
Samples: Exclusive License Agreement (Tokai Pharmaceuticals Inc)