Pending Patent Litigation Sample Clauses

Pending Patent Litigation. Parent and the Company acknowledge and agree that both Parent and the Company have outstanding discovery obligations pending in the Patent Litigation, including but not limited to, document production, supplemental responses to interrogatories and depositions. Parent and the Company each agree that no further action whatsoever shall be taken as between each of them with respect to the Patent Litigation, including but not limited to, any discovery requests served by either the Parent or the Company, until this Agreement shall have been terminated. Parent and the Company agree that no additional discovery in any form whatsoever will be served or noticed by either side unless and until this Agreement shall have been terminated and further agree that all return dates for any matter between Parent and the Company pertaining to the Patent Litigation shall be tolled and neither of them shall proceed against the other for failing to comply with a date for which any action would, but for this Agreement, have been required to be taken.
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Pending Patent Litigation. Parent and the Company each agree that (i) the agreement between Parent and the Company to stay any further action with respect to the Patent Litigation is hereby terminated, (ii) any action taken on or after January 18, 2002, as between each of them with respect to the prosecution, settlement or defense of the Patent Litigation shall not, in and of itself, constitute a breach of any representation, warranty or covenant of such party contained in this Agreement, including, without limitation, Section 6.11 of this Agreement and (iii) neither of them shall proceed against the other for failure to meet any deadline related to the Patent Litigation which deadline occurred prior to the date of this Amendment and which would have been required to have been met absent the existence of the agreement to stay the Patent Litigation pursuant to the original version of Section 6.16 that was contained in the Merger Agreement prior to this Amendment." ARTICLE II
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Pending Patent Litigation. (a) The parties agree that the following pending patent litigations will be dismissed with prejudice within ten (10) days after execution of this Agreement:
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Pending Patent Litigation. On February 10, 2012, Multilayer Stretch Cling Film Holdings, Inc., a Delaware corporation with its principal place of business located in Milan, Italy, filed a patent infringement action against AEP Industries Inc. in the United States District Court for the Western District of Tennessee (case number 2:12-cv-02105). Multilayer Stretch Cling Film Holdings, Inc. alleges that AEP Industries Inc.’s Super Micron Stretch Hand Film products have infringed and continue to infringe on patent no. 6,265,055 for a “Multilayer Stretch Cling Film” and seeks an injunction enjoining AEP Industries Inc. from continuing its alleged infringement and damages including reasonable royalties to compensate for the alleged infringement. AEP Industries Inc. believes that this action is without merit and intends to defend the action vigorously. SCHEDULE 8.12 to INFORMATION CERTIFICATE Subsidiaries; Affiliates; Investments
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Pending Patent Litigation. The Parties acknowledge and agree that, from and after the Closing, the Buyer and the Company Group Members will have the sole right to direct, control and settle the pending patent litigation set forth in Section 3.11 of the Disclosure Schedule and the sole right to receive any proceeds or damages payable in connection therewith.
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Related to Pending Patent Litigation

  • Pending Litigation There are no actions, suits, proceedings or written agreements pending, or, to the Company’s knowledge, threatened or proposed, against the Company or any of its Subsidiaries at law or in equity or before or by any federal, state, municipal, or other governmental department, commission, board, or other administrative agency, domestic or foreign, that, either separately or in the aggregate, would reasonably be expected to have a Material Adverse Effect on the Company and any of its Subsidiaries, taken as a whole, or affect issuance or payment of the Subordinated Notes; and neither the Company nor any of its Subsidiaries is a party to or named as subject to the provisions of any order, writ, injunction, or decree of, or any written agreement with, any court, commission, board or agency, domestic or foreign, that either separately or in the aggregate, will have a Material Adverse Effect on the Company and any of its Subsidiaries, taken as a whole.

  • Infringement and Litigation 11.1 Each party shall promptly notify the other in writing in the event that it obtains knowledge of infringing activity by third parties, or is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED PATENTS, and shall supply the other party with documentation of the infringing activities that it possesses.

  • Prosecution of Patent Applications At its own expense, each Assignor shall diligently prosecute all material applications for (i) United States Patents listed in Annex F hereto and (ii) Copyrights listed on Annex G hereto, in each case for such Assignor and shall not abandon any such application prior to exhaustion of all administrative and judicial remedies (other than applications deemed by such Assignor to be no longer prudent to pursue), absent written consent of the Collateral Agent.

  • Infringement Claims If the manufacture, sale or use of any Licensed Product in the Territory pursuant to this Agreement results in any claim, suit or proceeding alleging patent infringement against Unigene or GSK, such Party shall promptly notify the other Party hereto. If GSK is not named as a Party in such a claim, suit or proceeding, GSK may, at its own expense and through counsel of its own choice, seek leave to intervene in such claim, suit or proceeding. Unigene agrees not to oppose such intervention. If GSK, and not Unigene, is named as a Party to such claim, suit or proceeding, GSK shall have the right to control the defense and settlement of such claim, suit or proceeding, at its own expense, using counsel of its own choice, however Unigene, at its own expense and through counsel of its own choice, may seek to intervene if the claim, suit or proceeding relates to the commercialization of the Licensed Product in the Field, and in such event, GSK agrees not to oppose such intervention. If GSK is named as a Party and Unigene shall, at any time, tender its defense to GSK, then GSK shall defend Unigene in such claim, suit or proceeding, at GSK’s own expense and through counsel of its own choice, and GSK shall control the defense and settlement of any such claim, suit or proceeding; provided, GSK shall not enter into any agreement which (i) extends or purports to exercise GSK’s rights under Unigene’s Licensed Technology beyond the rights granted pursuant to this Agreement, (ii) makes any admission regarding (a) wrongdoing on the part of Unigene, or (b) the invalidity, unenforceability or absence of infringement of any Unigene Patent Rights or Joint Patent Rights, without the prior written consent of Unigene, which consent shall not be unreasonably withheld. The Parties shall cooperate with each other in connection with any such claim, suit or proceeding and shall keep each other reasonably informed of all material developments in connection with any such claim, suit or proceeding. Nothing in this Section 6.5 shall limit or modify the provisions of Article 9, which may apply to such infringement claims as discussed herein.

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents.

  • Third Party Litigation The undersigned agrees to be available to the Company and its affiliates on a reasonable basis in connection with any pending or threatened claims, charges or litigation in which the Company or any of its affiliates is now or may become involved, or any other claims or demands made against or upon the Company or any of its affiliates, regardless of whether or not the undersigned is a named defendant in any particular case.

  • Infringement Proceedings Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

  • Licensed Patent Rights The term “Licensed Patent Rights” shall mean rights arising out of or resulting from:

  • Patent Rights The term “

  • Patent Prosecution 7.1 UFRF shall diligently prosecute and maintain the Licensed Patents using counsel of its choice. UFRF shall provide Licensee with copies of all patent applications amendments, and other filings with the United States Patent and Trademark Office and foreign patent offices. UFRF will also provide Licensee with copies of office actions and other communications received by UFRF from the United States Patent and Trademark Office and foreign patent offices relating to Licensed Patents. Licensee agrees to keep such information confidential.

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