Patent Litigation Sample Clauses
Patent Litigation. (a) RE shall have the right, but not the obligation, to commence any action at law or in equity at its own expense against any third party for infringement of one or more of the Licensed Patents. With respect to any legal actions instituted, (i) RE may join Casella in such action and include it as a named party in the action if Casella is a necessary party under applicable Law; (ii) Casella may, at its option and expense, participate in such action (e.g., as a party in the action or otherwise); (iii) Casella shall assist RE in the prosecution of such litigation to the extent reasonably requested and RE shall reimburse Casella for its reasonable out of pocket costs and expenses incurred in connection with such assistance unless Casella voluntarily joins in such action in which case Casella shall bear all of its costs and expenses; and (iv) except as provided in the following sentence RE shall retain any recovery in such action. If Casella joins in such action and has paid for all of its own costs and expenses, including legal fees, RE and Casella shall share in proportion to the damages for the acts of infringement outside and inside the Franchise Territory, respectively, in such action after each Parties’ expenses and legal fees have been deducted from the recovery.
(b) If, however, RE elects not to institute such an action against a third party with respect to infringement within the Franchise Territory, it shall promptly notify Casella in writing and Casella shall have the right, but not the obligation, to institute action at its own expense against such third party. With respect to any such legal actions instituted by Casella, (i) Casella may join RE in such action and include it as a named party in the action if RE is a necessary party under applicable Law; (ii) RE may, at its option and expense, participate in such action (e.g., as a party in the action or otherwise); (iii) RE shall assist Casella in the prosecution of such litigation to the extent reasonably requested and Casella shall reimburse RE for its reasonable costs and expenses incurred in connection with such assistance unless RE voluntarily joins in such action in which case RE shall bear all of its costs and expenses; and (iv) Casella shall retain any recovery in such action related to infringement in the Franchise Territory, with any recovery relating the territories outside the Franchise Territory being provided to and retained by RE should it join in the action and pay its own legal fee...
Patent Litigation. 7.1 MONSANTO shall have power to institute and prosecute at its own discretion and expense suits for infringement of the LICENSED PATENT RIGHTS. All expenses in such suits will be borne entirely by MONSANTO, and MONSANTO shall retain all judgements or awards arising from these suits.
Patent Litigation. Neither FibroGen nor its Affiliates will initiate or maintain any patent enforcement proceeding or litigation with respect to any Designated Product unless it has a good faith basis for doing so.
Patent Litigation. See Section 5.04(b)(ix).
Patent Litigation. Licensee has no right under this Agreement to (a) institute any action or suit for infringement of any of the Licensed Patent Rights or (b) be party to or defend any action or suit brought by any third party challenging the validity, enforceability, or scope of any of the Licensed Patent Rights.
Patent Litigation. The term “Patent Litigation” means the matters entitled Rambus Inc. v. Samsung Electronics Co., Ltd., et al., No. C-05-02298 (N.D. Cal. Filed June 6, 2005) and Rambus Inc. v. Hynix Semiconductor Inc., et al., No. C-05-00334 (N.D. Cal. Filed Jan. 25, 2005).
Patent Litigation. The term “Patent Litigation” means the matters entitled Micron Technology, Inc. x. Xxxxxx Inc., No. 00-792 (D. Del. Filed Aug. 28, 2000) and Rambus Inc. v. Micron Technology, Inc., et al., No. C-06-00244 (N.D. Cal. Filed Jan. 13, 2006), and any appeals therefrom and related proceedings, including specifically the appeal in Micron Technology, Inc. x. Xxxxxx, Inc., Federal Circuit No. 13-1294 (“Delaware Appeal”).
Patent Litigation. Right to Bring Suit
4.6.1. Each party shall have the sole power to institute and prosecute at its own discretion and expense suits for infringement of their respective Patent Rights.
Patent Litigation. 12.1 In the event of the institution of any suit by a Third Party against HMR, Matrix and/or its Sublicensee for patent infringement involving the manufacture, use, sale, distribution or marketing of Compound or Product anywhere in the Territory, the party sued shall promptly notify the other party in writing. Matrix shall have the right but not the obligation to defend such suit at its own expense. HMR and Matrix shall assist one another and cooperate in any such litigation at the other's request without expense to the requesting party.
12.2 In the event that HMR or Matrix becomes aware of actual or threatened infringement of a Patent related to Compound or Product, anywhere in the Territory, or any alleged patent invalidity or non-infringement of patent or patents pursuant to a paragraph IV patent certification by a party filing an Abbreviated New Drug Application ("ANDA"), that party shall promptly notify the other party in writing, but in any event no later than ten (10) business days after receipt of notice of such action. HMR shall have the first right but not the obligation to bring, at its own expense, an infringement action or file any other appropriate action or claim directly, related to infringement of a Patent owned in whole or in part by HMR, wherein such infringement relates to Compound or Product, against any Third Party and to use Matrix's name in connection therewith. If HMR does not commence a particular infringement action within ninety (90) days after it received such written notice, Matrix, after notifying HMR in writing, shall be entitled to bring such infringement action or any other appropriate action or claim at its own expense. The party conducting such action shall have full control over its conduct, including settlement thereof. In any event, HMR and Matrix shall assist one another and cooperate in any such litigation at the other's request without expense to the requesting party.
12.3 HMR and Matrix shall recover their respective actual out-of-pocket expenses, or equitable proportions thereof, associated with any litigation or settlement thereof from any recovery made by any party. Any excess amount shall be shared between Matrix and HMR, with each party receiving an amount proportional to the amount spent by such party on such litigation or settlement thereof relative to the total amount spent by both Parties on such litigation or settlement thereof.
12.4 The Parties shall keep one another informed of the status of and of the...