Common use of Patent Prosecution; Enforcement and Defense Clause in Contracts

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.

Appears in 21 contracts

Samples: License Agreement, License Agreement, License Agreement

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Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: D912197B-D81E-47C3-A57B-57CF17C9819B

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: 20ED8EAA-71E5-4C18-B49D-62DBEC763D25

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: 76B8C7A6-66D1-43C9-84E7-0D151DB61944

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: F0C62F1B-BD77-4D06-9219-67924AA8E188

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (( but not the obligation)) , at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: 91216EB2-F486-414B-B694-F90CEB5F065E

Appears in 1 contract

Samples: License Agreement

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Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: 174398E9-7BC6-4D69-97DC-01A43A37BFC6

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s 's name and at Pfizer’s 's own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-of- pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: E389DDA3-3EA0-4C1B-801D-93CD35BC54C2

Appears in 1 contract

Samples: License Agreement

Patent Prosecution; Enforcement and Defense. Pfizer shall have the sole right (but not the obligation) to file, prosecute and maintain the Patents in the Territory in Pfizer’s name and at Pfizer’s own costs and expense. Pfizer will have the sole right (but not the obligation), at its own expense, to control enforcement and defense of the Patents and Licensed Know-How against any Third Party infringement or action, as applicable. If Licensee becomes aware of a possible infringement of the Patents by a Third Party in any country, Licensee will notify Pfizer, through MPP, immediately. The decision on whether any legal action is necessary or appropriate shall be made solely by Pfizer in its sole discretion. In the event that Pfizer institutes an action at its expense against alleged Third Party infringers with respect to Compound, Product or any Licensed Product, or takes action to defend the Patents, Licensee agrees to cooperate in good faith with Pfizer in such action, upon the request of Pfizer and Pfizer shall reimburse Licensee for the reasonable out-of-pocket costs incurred by Licensee in providing such cooperation. Any recovery obtained by Pfizer as a result of such a proceeding or other action shall he retained by Pfizer.. DocuSign Envelope ID: E68F63E3-D274-4CA3-9C96-ECE5CBD30F63

Appears in 1 contract

Samples: License Agreement

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