PIRS Enforcement. PIRS shall have the full and unrestricted right, but not the obligation, to bring and control an appropriate suit or other action against any person or entity under any Joint Patent or CoDev Product Compound Specific Patent directly relating to a CoDev Product in the Field in the PIRS Territory (“PIRS Infringement Action”), in its own name and entirely under its own direction and control. In the event that PIRS does not wish to enforce such Patents against such a potential infringer, then PIRS shall deliver prompt written notice thereof to SGEN. In the event that PIRS is unable to initiate or prosecute such PIRS Infringement Action solely in its own name or it is otherwise advisable in order to obtain an effective remedy, SGEN will join, but not control, such PIRS Infringement Action. If PIRS requests so, SGEN shall reasonably cooperate with PIRS in the planning and execution of any such action to enforce such Patents. Notwithstanding the foregoing, if PIRS does not either initiate such an Infringement Action or grant adequate rights and licenses to such Third Party within [***] days after PIRS’s receipt of a notice of infringement (or sooner if any deadlines require action prior to such [***] days) and the infringement relates to the launch or a threat to launch a Biosimilar version of a CoDev Product, then SGEN will have the second right, but not the obligation, to initiate such Infringement Action. All monies recovered upon the final judgment or settlement of any such suit or action to enforce such Patents subtracting any costs that the Parties bore in connection with such suit or action shall be included in the calculation of Profits and Losses as set forth in Exhibit 1.189.
