Patent Rights Protection. 11.1. The Company and Yissum shall each inform the other promptly in writing of any alleged infringements by a third party of the Licensed Patents in any country, together with any available written evidence of such alleged infringement.
11.2. To the extent permitted by applicable law, if the Company, its Affiliate or any Sublicensee makes (directly or indirectly), any assertion, application or claim, or initiates or supports(directly or indirectly) any action or proceeding, that challenges the validity, enforceability or scope of any of the Licensed Patents (“Challenge Proceeding”), Yissum will have the right, at any time within 90 days after the commencement of the Challenge Proceeding, to terminate this Agreement and the Royalty rates specified in this Agreement will be tripled with respect to Net Sales of Products that are sold, leased or otherwise transferred during the course of such Challenge Proceeding, and the percentage due to Yissum in respect of Sublicense Consideration will be tripled with respect to Sublicense Consideration during such period. If the outcome of such Challenge Proceeding is a determination in favor of Yissum, (a) the Royalty rate with respect to Net Sales of Products and the percentage due to Yissum with respect to Sublicense Consideration will remain at such triple rate as aforesaid; and (b) Company will reimburse Yissum for all expenses incurred by Yissum (including reasonable attorneys’ fees and court costs) in connection with such Challenge Proceeding. If the outcome of such Challenge Proceeding is a determination in favor of Company, Company will have no right to recoup any Royalties or Sublicense Consideration paid before or during the course of such Challenge Proceeding.
11.3. The Company, its Affiliate or Sublicensee shall have the first right in its own name and at its own expense to initiate any legal action and enforce the Licensed Patents against any infringement of such Licensed Patents. Before the Company, its Affiliate or its Sublicensee commences an action with respect to any infringement, the Company shall consider in good faith the views of Yissum in making its decision whether or not to initiate any legal action and, if relevant, make these views known to its Affiliate or Sublicensee, provided however, that final decision-making authority shall vest solely in Company. The Company shall, or, if relevant, shall ensure that its Affiliate or Sublicensee shall, continuously keep Yissum apprised of all development...
Patent Rights Protection. 10.1 The Company and Yissum shall each inform the other promptly in writing of any alleged infringements by a third party of the Joint Patents in the Territory, together with any available written evidence of such alleged infringement.
10.2 The Company, its Affiliate or Sublicensee shall have the right, but not the obligation, to prosecute m its own name and at its own expense any infringement of such Joint Patents. Before the Company, its Affiliate or its Sublicensee commences an action with respect to any infringement, the Company shall give careful consideration to the views of Yissum in making its decision whether or not to xxx and, if relevant, make these views known to its Affiliate or Sublicensee The Company (or its Affiliate or Sublicensee, where relevant) shall keep Yissum reasonably apprised of all developments in the action and shall seek Yissum’s input and approval on any substantive submissions or positions taken in the litigation regarding the scope, validity or enforceability of the Joint Patents.
10.3 If the Company, its Affiliate or its Sublicensee elects to commence an action as described above and Yissum is a legally indispensable party to such action, Yissum, at the Company’s expense, may be joined as a co-plaintiff. Regardless of whether Yissum is a legally indispensable party, Yissum, to the extent permitted by law, and at its own cost, may elect to join the action as a co-plaintiff and shall jointly control the action with the Company, its Affiliate or its Sublicensee. Irrespective of whether Yissum joins the action, it shall provide reasonable cooperation to the Company, its Affiliate or its Sublicensee, The Company shall reimburse Yissum for any costs it incurs as part of an action brought pursuant to this section where Yissum has not elected to join the action as a co-plaintiff.
10.4 [***].
10.5 [***].
10.6 [***].
10.7 If either Party commences an action and then decides to abandon it, such Party will give timely notice to the other Party. The other Party may continue the prosecution of the suit, after both Parties agree on the sharing of expenses.
10.8 [***].
Patent Rights Protection. 12.1. The Company and Yissum shall each inform the other promptly in writing of any alleged infringements by a third party of the Licensed Patents in the Territory, together with any available written evidence of such alleged infringement.
12.2. To the extent permitted by applicable law, the Company undertakes to refrain from making (directly or indirectly), any application or claim, and not to initiate or support (directly or indirectly) any action or proceeding, that is reasonably likely to weaken or invalidate one or more of the Licensed Patents.
12.3. The Company, its Affiliate or Sublicensee shall have the first right in its own name and at its own expense to initiate any legal action and enforce the Licensed Patents against any infringement of such Licensed Patents. Before the Company, its Affiliate or its Sublicensee commences an action with respect to any infringement, the Company shall give careful consideration to the views of Yissum in making its decision whether or not to initiate any legal action and, if relevant, make these views known to its Affiliate or Sublicensee. The Company shall, or, if relevant, shall ensure that its Affiliate or Sublicensee shall, continuously keep Yissum apprised of all material developments in the action and shall, upon request, provide Yissum with full information and copies of all documents relevant to the proceedings, including without limitation, all documents filed with the courts by the parties to the legal action(s) and all correspondence with the other parties to the proceedings, and shall seek Yissum's input on any substantive submissions or positions taken in the litigation regarding the scope, validity or enforceability of the Licensed Patents. Yissum shall be entitled at its own expense to have its own counsel represent it, provided however that, subject to section 12.3.3 below, if the Company’s counsel is of the opinion that the legal actions taken by the Company may adversely affect Yissum's rights hereunder or otherwise involve a conflict of interest between the Company and Yissum, the reasonable costs of such Yissum counsel shall be borne by the Company. .If the Company, its Affiliate or its Sublicensee elects to commence an action as described above and Yissum is a legally indispensable party to such action (being the registered owner of the infringed patent rights), Yissum, at the Company's expense, may be joined as a co-plaintiff, provided that all the following conditions shall be fulfilled:
12....
Patent Rights Protection. If the Patent is infringed by a third party and the Licenser becomes aware such infringement, the Licenser shall promptly notify the Licensiate in writing of such infringement or unfair competition. The Licensiate, in its sole discretion, shall determine if it shall defend the Patent infringement or unfair competition, it shall so notify the Licenser. The Licenser agrees to cooperate and assist in prosecution of any action in the nature of unfair competition or patent infringement prosecuted by the Licensiate. The Licenser shall support the Licensiate, fir of all, if such a support is provided by the property right of the respective country. The Licenser shall give the Licensiate all necessary authority and documents that shall enable the Licensiate to bring a suit and to present witnesses or coauthors and also to take an active part infringement proceeding. The party making a decision to suit the third party bears possible expenses in preparation and conduction of legal proceedings.
Patent Rights Protection. 10.1. The Company undertakes, in reasonable commercial circumstances and after consultation with Patent Counsel, to take action in the prosecution, prevention, or termination of any Infringement of the Patents listed in Appendix A, and to advise Yissum forthwith upon learning of such Infringement. The Company shall provide Yissum with a written report summarizing the grounds for its decision to take action as aforesaid or to refrain therefrom. For the purposes hereof, “Infringement” shall mean any possible or actual infringement or unauthorized possession, knowledge or use of any Patents listed in Appendix A.
Patent Rights Protection. 9.1. CHA and Pluristem shall each inform the other promptly in writing of any alleged infringements by a third party of Pluristem's Patents in the Territory, together with any available written evidence of such alleged infringement.
9.2. Pluristem shall retain control and ownership over, and bear all expenses associated with, the filing, prosecution, and maintenance of any Pluristem's Patents. In the event Pluristem decides not to file an application for a Patent covering the Product in the Field in the Territory, Pluristem shall promptly notify CHA of such decision and CHA shall have the right to file, prosecute, and maintain such Patent in Pluristem’s name at CHA’s sole expense and absolute discretion. Pluristem shall not abandon any patents or patent claims in the Pluristem's Patents covering the Product in the Field in the Territory without prior written notice to CHA and CHA, upon receipt of such notice from Pluristem, shall have the right to maintain such patent claim or patent in Pluristem’s name at CHA’s sole expense and absolute discretion.
Patent Rights Protection. If the Patent is infringed by a third party and the Licensor becomes aware of such infringement, the Licensor shall promptly notify the Licensee ii) writing of such infringement or unfair competition. The Licensee, in its sole discretion, shall determine if it shall defend the Patent against any such infringement or unfair competition. If the Licensee determines that it shall defend the Patent infringement or unfair competition, it shall so notify the Licensor. The Licensor agrees to cooperate and assist in Prosecution of any action .n the nature of unfair competition or patent infringement prosecuted by the Licensee. The Licensor shall support the Licensee, first of all, if such a support is provided by the property right of the respective country. The Licensor shall give the Licensee all necessary authority and documents that shall enable the Licensee to bring a suit and to present witnesses or coauthors. The party making a decision to suit the third party bears possible expenses in preparation and conduction of legal proceedings.
Patent Rights Protection. If the Patent is infringed by a third party and the Licensor becomes aware of such infringement, the Licensor shall promptly notify the Licensee in writing of such infringement or unfair competition. The Licensee, in its sole discretion, shall determine if it shall defend the Patent against any such infringement or unfair competition. If the Licensee determines that it shall defend the Patent infringement or unfair competition, it shall so notify the Licensor. The Licensor agrees to cooperate and assist in prosecution of any action in the nature of unfair competition or patent infringement prosecuted by the Licensee. The Licensor shall support the Licensee, first of all, if such a support is provided by the property right of the respective country. The Licensor shall give the Licensee all necessary authority and documents that shall enable the Licensee to bring a suit and to present witnesses or coauthors.
