Common use of Product Infringement Clause in Contracts

Product Infringement. (i) For any Product Infringement, MDCO shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity engaged in such Product Infringement. If MDCO fails to institute and prosecute an action or proceeding to xxxxx the Product Infringement within a period of [***] after the first notice under this section to elect to enforce the Licensed Product Patent or otherwise having knowledge of the Product Infringement, then CyDex shall have the right, but not the obligation, to commence a suit or take action to enforce the applicable Licensed Product Patent against such third Party perpetrating such Product Infringement at its own cost and expense. In this case, MDCO shall take appropriate actions in order to enable CyDex to commence a suit or take the actions set forth in the preceding sentence. (ii) Each party shall provide to the party enforcing any such rights under this Section 12.2 reasonable assistance in such enforcement, at such enforcing party’s request and expense, including joining such action as a party plaintiff if required by applicable law to pursue such action. The enforcing party shall keep the other party regularly informed of the status and progress of such enforcement efforts, shall reasonably consider the other party’s comments on any such efforts. (iii) Each party [***]. (iv) The party not bringing an action with respect to Product Infringement under this Section 12.2 shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, but such party shall at all times cooperate fully with the party bringing such action.

Product Infringement. (i) For any Product Infringement, MDCO Spectrum shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity engaged in such Product Infringement. If MDCO Spectrum fails to institute and prosecute an action or proceeding to xxxxx the Product Infringement within a period of [***] ([***]) days (a) after the first notice under this section to elect to enforce the Licensed Product Patent Section 12.3(a) or (b) of otherwise having knowledge of the Product Infringement, then CyDex shall have the right, but not the obligation, to commence a suit or take action to enforce the applicable Licensed Product Patent against such third Party perpetrating such Product Infringement at its own cost and expense. In this case, MDCO Spectrum shall take appropriate actions in order to enable CyDex to commence a suit or take the actions set forth in the preceding sentence. (ii) Each party shall provide to the party enforcing any such rights under this Section 12.2 12.3 reasonable assistance in such enforcement, at such enforcing party’s request and expense, including joining such action as a party plaintiff if required by applicable law to pursue such action. The enforcing party shall keep the other party regularly informed of the status and progress of such enforcement efforts, shall reasonably consider the other party’s comments on any such efforts. (iii) Each party [***]. (iv) The party not bringing an action shall bear all of its own internal and external costs and expenses incurred in connection with respect to Product Infringement its activities under this Section 12.2 shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, but such party shall at all times cooperate fully with the party bringing such action12.3.

Product Infringement. (i) For any Product Infringement, MDCO Spectrum shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity engaged in such Product Infringement. If MDCO Spectrum fails to institute and prosecute an action or proceeding to xxxxx the Product Infringement within a period of [***] ([***]) days (a) after the first notice under this section to elect to enforce the Licensed Product Patent Section 12.3(a) or (b) of otherwise having knowledge of the Product Infringement, then CyDex shall have the right, but not the obligation, to commence a suit or take action to enforce the applicable Licensed Product Patent against such third Party perpetrating such Product Infringement at its own cost and expense. In this case, MDCO Spectrum shall take appropriate actions in order to enable CyDex to commence a suit or take the actions set forth in the preceding sentence. (ii) Each party shall provide to the party enforcing any such rights under this Section 12.2 12.3 reasonable assistance in such enforcement, at such enforcing party’s request and expense, including joining such action as a party plaintiff if required by applicable law to pursue such action. The enforcing party shall keep the other party regularly informed of the status and progress of such enforcement efforts, shall reasonably consider the other party’s comments on any such efforts. (iii) Each party [***]shall bear all of its own internal and external costs and expenses incurred in connection with its activities under this Section 12.3. (iv) The party not bringing an action with respect to Product Infringement under this Section 12.2 shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, but such party shall at all times cooperate fully with the party bringing such action._____________________________________________________________________________________________________________________

Product Infringement. (i) For any Product Infringement, MDCO Spectrum shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity engaged in such Product Infringement. If MDCO Spectrum fails to institute and prosecute an action or proceeding to xxxxx the Product Infringement within a period of [***] ([***]) days (a) after the first notice under this section to elect to enforce the Licensed Product Patent Section 12.3(a) or (b) of otherwise having knowledge of the Product Infringement, then CyDex shall have the right, but not the obligation, to commence a suit or take action to enforce the applicable Licensed Product Patent against such third Party perpetrating such Product Infringement at its own cost and expense. In this case, MDCO Spectrum shall take appropriate actions in order to enable CyDex to commence a suit or take the actions set forth in the preceding sentence. (ii) Each party shall provide to the party enforcing any such rights under this Section 12.2 12.3 reasonable assistance in such enforcement, at such enforcing party’s request and expense, including joining such action as a party plaintiff if required by applicable law to pursue such action. The enforcing party shall keep the other party regularly informed of the status and progress of such enforcement efforts, shall reasonably consider the other party’s comments on any such efforts. (iii) Each party [***]shall bear all of its own internal and external costs and expenses incurred in connection with its activities under this Section 12.3. (iv) The party not bringing an action with respect to Product Infringement under this Section 12.2 12.3 shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, but such party shall at all times cooperate fully with the party bringing such action.