Prosecution by DRL Clause Samples

Prosecution by DRL. In the event that Metasyn declines to exercise its right to prosecute any infringement of the MGH Patent Rights in the Territory pursuant to Section 5.1.4, DRL shall have the right to enforce such MGH Patent Rights at its own cost and expense. In the case of enforcement of the MGH Patent Rights, DRL shall have the rights granted to Metasyn under Paragraphs 8.3 and 8.5 of the MGH License, except that DRL shall retain Metasyn's share of any recoveries under the MGH License, subject to Section 5.1.6 below. In such event, DRL shall have the right, if Metasyn is a legally indispensable party, to bring such suit or action in the name of Metasyn (in addition to the right to bring the action in MGH's name). Metasyn shall have the right to join any such suit or action brought by DRL and, in such event, shall pay one-half of the cost of such suit or action.