Patents Infringement. 5.1 As of the Effective Date and for as long as this Agreement is effective, Licensee shall manage the filing, prosecution, extension, maintenance and defense of the Patent Rights in the Territory, at its own cost; provided however that Licensee shall notify Inserm Transfert before taking any substantive actions with respect to (i) the choice of proceedings and the scope and content of all patent applications within the Patent Rights; and (ii) content or proposed responses to official actions of national patent offices regarding the prosecution of the Patent Rights, and shall give Inserm Transfert a reasonable opportunity to comment in respect to items (i) and (ii) and shall reasonably consider any comments received from Inserm Transfert. For purposes of this Article 5, “filing, prosecution, extension, maintenance and defense of patents” shall be deemed to include, without limitation, the preparation and filing of applications, granting, examination, conduct of interferences and/or oppositions and/or requests for re-examinations, validations, reissues, addition certificates, continuations, continuations in part of patents. If Licensee elects not to maintain Patent Rights or not to pursue the filing, prosecution, extension, maintenance and defense of the Patent Rights in a country, Licensee shall promptly notify Inserm Transfert of such election, but in no case later than sixty (60) days prior to any required action relating to the filing, prosecution, extension, maintenance and defense of the Patent Rights. In such event, Inserm Transfert may at its sole discretion, decide to continue the filing, prosecution, extension, maintenance and defense of such patent application or patent in the name of the Co-Owners and at their expense, in such country, whether in France or abroad. In such a case, Licensee may, at Inserm Transfert’s discretion, have no further right or license thereunder in the concerned countries and/or Patent Rights and Licensee will not be under the obligation to pay any IP Costs for the patent applications or patents concerned. The definition of Patent Rights and/or Territory may be revised accordingly by Inserm Transfert, at its discretion. In any case, only the Co-Owners may file for a Supplementary Protection Certificate (SPC), at Licensee’s cost, and the Co-Owners agree to do so at the request of the Licensee only if this request does not harm with obtaining the SPC. To that end, Licensee undertakes to inform Inserm Transfert of the grant...
Patents Infringement. All Patents relating to the Products are listed in Attachment 6: Patents.
11.1. SmarTire represents that HACO's operations under this Agreement or the use of any PATENTS and TECHNICAL INFORMATION by HACO will not infringe any third party's patent(s).
11.2. In the event of receipt of a warning letter and/or institution of any suit against HACO during the term of this Agreement alleging infringement of any patent of a third party, two cases will be considered:
11.2.1. If the infringement is related to a particular embodiment chosen by HACO for manufacturing reasons, but not absolutely necessary for the realization of the PRODUCTS, the steps to be taken to defend or avoid such suit, including the possibility to make suitable changes or modifications, will be the sole responsibility of HACO.
11.2.2. If the infringement is related to a particular embodiment that is necessary for the realization of the PRODUCTS, the steps to be taken to defend or avoid such suit, including the possibility to make suitable changes or modifications, will be the sole responsibility of SmarTire.
11.3. SmarTire agrees to xxx, or negotiate a license, with any infringer of PATENTS who comes to its notice if and only if said infringer is a competitor of HACO or SmarTire.
Patents Infringement. 10.1 Mediwound shall at its own cost and expense prosecute any patent applications within the Patents, and use reasonable efforts to obtain patents thereon, to defend and maintain any such Patents and to pursue new patents and other forms of intellectual property protecting the Technology.
Patents Infringement. 6.1. Upon the occurrence of any infringement or suspected or threatened infringement of the Patents, the Parties shall immediately consult to decide what steps shall be taken to prevent or terminate such infringement.
6.2. Net 1 shall take all steps as may be agreed by the Parties pursuant to Clause 6.1 above including the institution of legal proceedings where necessary.
6.3. If Net 1 fails to take such steps as may be considered necessary or appropriate by Nedcor, Nedcor shall have the right and is hereby authorised by Net 1 to take those steps independently. In taking such steps Nedcor shall not be acting as the agent or in any way on behalf of Net 1 but Net 1 shall give all reasonable assistance to facilitate any such proceedings by Nedcor. Any costs and expenses incurred by Nedcor shall be borne by Net 1 and credited to the Licensee against any licence fees.
Patents Infringement. Seller warrants that the sale, use, or incorporation into manufactured products of machines, parts, components, services, devices, materials, goods and rights furnished or licensed hereunder which are not of Buyer's design, composition, or manufacture will be free and clear of infringement of any valid patent, copyright, trademark or other intellectual property rights. Seller shall save Buyer and its customers harmless from and defend all expenses, liability, and loss of any kind (including attorneys' fees) arising out of claims, suits, or actions alleging such infringement. Seller may replace or modify infringing goods with comparable goods of substantially same form, fit, and function so as to remove the source of infringement; or Seller, at no expense to Buyer, shall obtain for Buyer and its customers the right to use and sell said goods; provided that Xxxxx’s acceptance of either of the foregoing shall not waive any other remedies it may have hereunder.
Patents Infringement. (i) The Company has no Patent and has never filed a Patent application in any country. None of the products manufactured and sold or services provided, nor any process, service or know-how used, by the Company infringes or is or has ever been alleged to infringe any patent or other proprietary right of another. None of the Company’s rights in the Intellectual Property Assets is subject to any adverse claim or has been challenged or threatened in any way.
(ii) The Company has never undertaken or commissioned anyone to undertake a patentability, state of the art, prior art, or infringement analysis or similar, of any technology.
(iii) The Company is unaware of any specific prior art of a third party which would render any of its inventions or potential inventions unpatentable.
(iv) With respect to any inventions or potential inventions created by employees who have left the Company, but which patentability is not already barred by expiration of the time to file a patent application in the U.S. or Canada, such employees are covered by agreements which transfer such invention rights to the Company.
Patents Infringement. 8.1 Upon the occurrence of any infringement or suspected or threatened infringement of the Patents, the Parties shall immediately consult to decide what steps shall be taken to prevent or terminate such infringement.
8.2 NUEP shall take all steps as may be agreed by the Parties pursuant to Clause 8.1 above including the institution of legal proceedings where necessary.
8.3 If NUEP fails to take such steps as may be considered necessary or appropriate by Net 1, Net 1 shall have the right to take those steps independently and NUEP shall give Net 1 all reasonable assistance to facilitate any such proceedings by Net 1. Any costs or expense incurred by Net 1 in this regard shall be borne by NUEP.
Patents Infringement. 8.1 decide what steps shall be taken to prevent or terminate such infringement.
8.2 NUEP shall take all steps as may be agreed by the Parties pursuant to Clause 8.1 above including the institution of legal proceedings where necessary.
8.3 If NUEP fails to take such steps as may be considered necessary or appropriate by Net 1, Net 1 shall have the right to take those steps independently and NUEP shall give Net 1 all reasonable assistance to facilitate any such proceedings by Net 1. Any costs or expense incurred by Net 1 in this regard shall be borne by NUEP.
Patents Infringement. All Clinical Sites and Investigators participating in the Study, as well as the Clinical Assay Development Network and the Molecular Characterization Laboratory at FNLCR (providers of services related to the Study), are bound by the intellectual property obligations described at the following sites: xxxxx://xxxxxxxxxxxxxxx.xxx/a/2011-5609 and xxxx://xxxx.xxxxxx.xxx/industryCollaborations2/guidelines_for_collaboration.htm. These intellectual property obligations (which may be referred to as the CTEP IP Option to Collaborator) include those that cooperative group “Institutions” (and for this purpose, the Clinical Assay Development Network and the Molecular Characterization Laboratory at FNLCR is an “Institution”) owe to the Pharmaceutical Collaborator as the “Collaborator” in the Study. Pharmaceutical Collaborator warrants, to the best of its knowledge, that DCTD’s use of the Agent(s) in this Agreement does not infringe any U.S. Letters Patent (except U.S. Letters Patent issued upon an application which is now or may hereafter be kept secret or otherwise withheld from issue). Pharmaceutical Collaborator shall promptly report to DCTD each notice or claim of patent or copyright infringement based on use or exploitation of the Agent(s) of which Pharmaceutical Collaborator has knowledge.
Patents Infringement. If either party determines that any of the Patent Rights and/or Know How have been infringed by the Manufacture or Marketing in the Territory of a product containing the Active Ingredient, such Party shall give to the other Party notice of such alleged infringement, in which event RHEI may at its discretion take such steps as it may consider necessary to prosecute such infringement. RHEI may not settle any such litigation in a manner that adversely affects the rights of APP hereunder without the consent of APP. APP shall have the right, at its own expense, to be represented by counsel in any such litigation. If RHEI, after such notice, elects not to bring suit, it shall notify APP of such election within 60 days after receipt of such notice and APP shall then have the right to bring suit at its own expense. APP shall also have the right to bring suit if RHEI fails to institute suit within 180 days from the date of the original notice of infringement.
