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.
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. 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. 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. 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. The Contractor shall indemnify, defend and hold harmless the District Indemnities from and against all suits or actions for infringement or unauthorized use of any patent, trademark, copyright or trade secret relating to the services under this Agreement. The Contractor’s indemnity pursuant to this Section shall apply only when infringement occurs or is alleged to occur from the intended use for which the deliverable material was provided by the Contractor pursuant to this Agreement. Contractor shall not be held liable for any suits or actions of infringement of any patent, trademark, or copyright arising out of any patented or copyrighted materials, methods, or systems specified by the District under the Agreement or Change Order or infringement resulting from unauthorized additions, changes or modifications to the deliverable material made or caused to be made by the District subsequent to delivery by the Contractor. Contractor also agrees to notify the District upon the knowledge of any potential infringement claim, so that the District may provide input on suggested solution.
Patents Infringement. 21. Patent Prosecution LAB shall continue to be responsible for filing, prosecuting, maintaining and defending opposition proceedings against the Patents at its own cost. LAB will keep XXXXXXX informed of the status of each such Patent and application for such Patent. * * *
Patents Infringement. The MHBHC shall indemnify, defend and hold harmless the City Indemnities from and against all suits or actions for infringement or unauthorized use of any patent, trademark, copyright or trade secret relating to the services under this Agreement. The MHBHC’s indemnity pursuant to this Section shall apply only when infringement occurs or is alleged to occur from the intended use for which the deliverable material was provided by the MHBHC pursuant to this Agreement. MHBHC shall not be held liable for any suits or actions of infringement of any patent, trademark, or copyright arising out of any patented or copyrighted materials, methods, or systems specified by the City under the Agreement or Change Order or infringement resulting from unauthorized additions, changes or modifications to the deliverable material made or caused to be made by the City subsequent to delivery by the MHBHC. MHBHC also agrees to notify the City upon the knowledge of any potential infringement claim, so that the City may provide input on suggested solution.
Patents Infringement decide what steps shall be taken to prevent or terminate such infringement.
