Patent Prosecution and Infringement. 4.1 Cymer agrees that it shall, at its own expense, prepare, file, prosecute and maintain the Sublicensed Patents, in such countries as Cymer deems appropriate, and shall be responsible for conducting any interferences, re-examinations, reissues, oppositions or requests for patent term extensions relating to the Sublicensed Patents. EUV shall cooperate fully in the preparation, filing and prosecution of any Sublicensed Patents under this Sublicense Agreement. Notwithstanding the foregoing, Cymer shall not take any such action that could adversely affect a patent or application owned by EUV, unless such action is mutually agreed by the parties. Cymer shall provide EUV with sufficient written notice of any decision not to prepare, file, prosecute and maintain any Sublicensed Patent so that EUV may take such action on its own. 4.2 Each party will promptly notify the other party of any written claim received by it alleging infringement by a Product of the proprietary rights or patents of a third-party. Cymer shall assume the defense of any action relating to any such allegation of patent infringement. 4.3 Each party will promptly notify the other party hereto of the possible infringement by a third-party of a Product or any of the Sublicensed Technology or Sublicensed Patents comprising a Product. Cymer shall have the sole right to take any action it deems necessary, at its sole cost and expense, with respect to any infringement of a Product or the Sublicensed Patents. 4.4 Within the Field of Use, if Cymer fails to bring an infringement action as provided in Section 4.3 above within sixty (60) days after notice of alleged infringement, EUV shall be permitted to take any action it deems necessary, at its sole cost and expense, in order to protect its research, royalty and other payment interests. 4.5 If either party brings an infringement action under this Agreement, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney.
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Patent Prosecution and Infringement. 4.1 Cymer agrees that it shall, at its own expense, prepare, file, prosecute and maintain the Sublicensed Patents, in such countries as Cymer deems appropriate, and shall be responsible for conducting any interferences, re-examinations, reissues, oppositions or requests for patent term extensions relating to the Sublicensed Patents. EUV shall cooperate fully in the preparation, filing and prosecution of any Sublicensed Patents under this Sublicense Agreement. Notwithstanding the foregoing, Cymer shall not take any such action that could adversely affect a patent or application owned by EUV, unless such action is mutually agreed by the parties. Cymer shall provide EUV with sufficient written notice of any decision not to prepare, file, prosecute and maintain any Sublicensed Patent so that EUV may take such action on its own.
4.2 Each party will promptly notify the other party of any written claim received by it alleging infringement by a Product of the proprietary rights or patents of a third-party. Cymer shall assume the defense of any action relating to any such allegation of patent infringement.
4.3 Each party will promptly notify the other party hereto of the possible infringement by a third-party of a Product or any of the Sublicensed Technology or Sublicensed Patents comprising a Product. Cymer 14.01 HGS shall have the sole right to take any action it deems necessaryand responsibility, at its sole cost discretion and expensewith reasonable assistance from CAT, with respect for the filing of and any prosecution and maintenance of patents and any other rights related to the Research Programme IP and for the conduct of any claims or proceedings relating to them in all countries, including any interference or opposition proceedings. All applicable costs, including that of the patent attorneys retained by HGS, shall be the responsibility of HGS.
14.02 Each Party shall promptly report in writing to the other during the term of this Agreement any (i) known infringement or suspected infringement of any of the Research Programme IP or (ii) unauthorised use or misappropriation of the Confidential Information by a Product third party of which it becomes aware, and shall provide the other party with all available evidence supporting said infringement, suspected infringement or the Sublicensed Patentsunauthorised use or misappropriation.
4.4 Within 14.03 If during the Field term of Usethis Agreement if a third party in any country where the Licensed Product is being imported, if Cymer manufactured, used, or sold, notifies any of the Parties, their Affiliates or licensees that such activity infringes or is alleged to infringe any issued patent either assigned to or licensed to such third party, then the Party so notified shall promptly notify the other Party in writing.
14.04 Each Party shall co-operate with the other Party, to the extent reasonably requested, in any legal action brought by or against the other Party or both of them or against their Affiliates or sublicensees in connection with the making, using or selling of Licensed Product(s) ("Action").
14.05 HGS shall have the sole responsibility at its sole expense to defend or prosecute any Action. CAT shall provide all reasonable assistance in connection with any Action at HGS expenses (including CAT's reasonable attorneys' fees). If HGS finds it necessary to join CAT in such suit or action. CAT shall execute all papers and perform such other acts as may be reasonably required. Unless HGS and CAT otherwise agree any amount recovered in any such action or suit whether by judgement or settlement shall be retained by HGS. In the event HGS fails to bring an infringement take action as provided in Section 4.3 above within sixty (60) ninety days after notice of alleged learning of such infringement, EUV CAT shall have the sole right, but not obligation, to bring, defend and maintain any appropriate suit or action involving infringement of such a patent by manufacture, use or sale of the Licensed Product. If CAT finds it necessary to join HGS in such suit or action, HGS shall execute all papers and perform such other acts as may be permitted to take any action it deems necessaryreasonably required. HGS may, at its sole cost and option, join as a party in such suit and, at its expense, be represented by counsel of its choice. Unless HGS and CAT otherwise agree, any amount recovered in order to protect its researchany such action or suit, royalty and other payment interestswhether by judgement or settlement, [***].
4.5 If either party brings an infringement action under this Agreement, 14.06 HGS shall xxxx the Licensed Products or Non-Antibody Products sold in the United States with all applicable patent numbers. All Licensed Products or Non-Antibody Products shipped to and/or sold in other party countries shall cooperate fully, including if required be marked and labelled in such a manner as to bring such action, conform with all applicable laws of the furnishing of a power of attorneycountry where the Licensed Products or Non- Antibody Products are sold.
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Samples: Collaboration Agreement (Cambridge Antibody Technology Group PLC)
Patent Prosecution and Infringement. 4.1 Cymer agrees that it shall, at its own expense, prepare, file, prosecute and maintain the Sublicensed Patents, in such countries as Cymer deems appropriate, and shall be responsible for conducting any interferences, re-examinations, reissues, oppositions or requests for patent term extensions relating to the Sublicensed Patents. EUV SRL shall cooperate fully in the preparation, filing and prosecution of any Sublicensed Patents under this Sublicense Agreement. Notwithstanding the foregoing, Cymer shall not take any such action that could adversely affect a patent or application owned by EUVSRL, unless such action is mutually agreed by the parties. Cymer shall provide EUV SRL with sufficient written notice of any decision not to prepare, file, prosecute and maintain any Sublicensed Patent so that EUV SRL may take such action on its own.
4.2 Each party will promptly notify the other party of any written claim received by it alleging infringement by a Product of the proprietary rights or patents of a third-party. Cymer shall assume the defense of any action relating to any such allegation of patent infringement.
4.3 Each party will promptly notify the other party hereto of the possible infringement by a third-party of a Product or any of the Sublicensed Technology or Sublicensed Patents comprising a Product. Cymer shall have the sole right to take any action it deems necessary, at its sole cost and expense, with respect to any infringement of a Product or the Sublicensed Patents.
4.4 Within the Field of Use, if Cymer fails to bring an infringement action as provided in Section 4.3 above within sixty (60) days after notice of alleged infringement, EUV SRL shall be permitted to take any action it deems necessary, at its sole cost and expense, in order with respect to protect its research, royalty and other payment interestsany infringement of a Product or the Sublicensed Patents or the Sublicensed Technology.
4.5 If either party brings an infringement action under this Agreement, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney.
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Samples: Patent License Agreement (Cymer Inc)
Patent Prosecution and Infringement. 4.1 Cymer agrees that it shall, at its own expense, prepare, file, prosecute and maintain the Sublicensed Patents, in such countries as Cymer deems appropriate, and shall be responsible for conducting any interferences, re-examinations, reissues, oppositions or requests for patent term extensions relating to the Sublicensed Patents. EUV SRL shall cooperate fully in the preparation, filing and prosecution of any Sublicensed Patents under this Sublicense Agreement. Notwithstanding the foregoing, Cymer shall not take any such action that could adversely affect a patent or application owned by EUVSRL, unless such action is mutually agreed by the parties. Cymer shall provide EUV SRL with sufficient written notice of any decision not to prepare, file, prosecute and maintain any Sublicensed Patent so that EUV SRL may take such action on its own.
4.2 Each party will promptly notify the other party of any written claim received by it alleging infringement by a Product Research of the proprietary rights or patents of a third-party. Cymer shall assume the defense of any action relating to any such allegation of patent infringement.
4.3 Each party will promptly notify the other party hereto of the possible infringement by a third-party of a Product Research or any of the Sublicensed Technology or Sublicensed Patents comprising a ProductResearch. Cymer shall have the sole right to take any action it deems necessary, at its sole cost and expense, with respect to any infringement of a Product Research or the Sublicensed Patents.
4.4 Within the Field of Use, if Cymer fails to bring an infringement action as provided in Section 4.3 above within sixty (60) days after notice of alleged infringement, EUV SRL shall be permitted to take any action it deems necessary, at its sole cost and expense, in order to protect its research, royalty and other payment interests.
4.5 If either party brings an infringement action under this Agreement, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney.
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Patent Prosecution and Infringement. 4.1 6.1 Cymer agrees that it shall, at its own expenseexpense and in the name of the Assignees and/or SRL, if applicable, prepare, file, prosecute (except that SRL shall prosecute PCT application no. [...***...] in Japan) and maintain the Sublicensed Patents, Licensed Patents in such countries as Cymer deems appropriate, and shall be responsible for conducting any interferences, re-examinations, reissues, oppositions or requests for patent term extensions relating to the Sublicensed Licensed Patents, except that SRL and the Assignees shall, at their own expense prosecute the patent applications stated above in Section 4.1.1 in the United States. EUV Each Assignee and SRL shall cooperate fully in the preparation, filing and prosecution of any Sublicensed Licensed Patents under this Sublicense Agreement. Notwithstanding the foregoing, Cymer shall not take any such action that could adversely affect a patent or application owned by EUVthe Assignees, unless such action is mutually agreed by the parties. Cymer shall provide EUV Assignees with sufficient written notice of any decision not to prepare, file, prosecute and maintain any Sublicensed Licensed Patent so that EUV Assignee may take such action on its own.
4.2 6.2 Each party will promptly notify the other party of any written claim received by it alleging infringement by a Product of the proprietary rights or patents of a third-third party. Cymer shall assume the defense of any action relating to any such allegation of patent infringement. Each Assignee and SRL shall cooperate fully, at Cymer's expense, in any such defense of such action.
4.3 6.3 Each party will promptly notify the other party hereto of the possible infringement by a third-party of a Product or any of the Sublicensed Technology or Sublicensed Patents comprising a Product. Cymer shall have the sole right to take any action it deems necessary, at its sole cost and expense, with respect to any infringement of a Product or the Sublicensed Licensed Patents. SRL and each Assignee shall cooperate fully, at Cymer's expense, in any such action. ***CONFIDENTIAL TREATMENT REQUESTED 5.
4.4 Within the Field of Use, if 6.3.1 If Cymer fails to bring an infringement action as provided in Section 4.3 6.3 above within sixty (60) days after notice of alleged infringement, EUV SRL shall be permitted to take any action it deems necessary, at its sole cost and expense, in order with respect to protect its research, royalty and other payment interestsany infringement of a Product or the Licensed Patents.
4.5 6.3.2 If either party brings an infringement action under this Agreement, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney.
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Samples: Patent License Agreement (Cymer Inc)
