Prosecution of Actions. (a) NeoPharm shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to any infringement of any of the NeoPharm Patents or NeoPharm Know-How by counsel of its own choice. PNU shall cooperate with NeoPharm at NeoPharm's request in the prosecution of such action or proceeding. If NeoPharm determines that PNU is an indispensable party to the action, PNU hereby consents to be joined. In such event, PNU shall have the right to be represented in that action by counsel of its own choice and expense.
Prosecution of Actions. AskBio shall have the sole right, but not the obligation, to carry out actions against Third Parties arising from such Third Parties’ infringement or misappropriation of the AskBio Licensed Technology.
Prosecution of Actions. Licensor shall have the right to take whatever action Licensor in its sole discretion deems appropriate, including appropriate court action, to terminate the infringement or misappropriation, or to enter into a settlement agreement with the infringing or misappropriating party or parties. Such action shall include the defense of any action in which the validity or infringement of any paten right is placed in issue by a third party, e.g. by way of a declaratory judgment action, opposition, re-examination request or nullity suit. Any such action shall be under the sole control of Licensor, at Licensor's expense, and with counsel of Licensor's choosing. To the extent that any such infringement or misappropriation bears directly upon the rights granted the Licensee hereunder, the Licensee shall, at its expense, be entitled to have co-counsel of its choice observe the progress of such action. Licensee agrees to cooperate fully with Licensor and to provide, at Licensor's expense, any reasonable assistance that Licensor might require in said action, including joining with Licensor as a named party in any lawsuit in which Licensor may become involved in its efforts to terminate the infringement or misappropriation or confirm the validity of any Licensed Patent. Licensor agrees that it will not enter into any agreement in settlement of any such action that would restrict or impair the rights granted the Licensee hereunder or require any material payment by Licensee to any person in order to exercise such rights without the consent of the Licensee.
Prosecution of Actions. Handling of Legal Proceedings The Licensor is not liable for loss or damage arising in this connection.
Prosecution of Actions. MEDJET shall have the right but not the obligation to initiate and prosecute at its own expense and for its sole benefit any action for infringement of any of the Licensed Patent Rights. MEDJET shall also have the right but not the obligation of conducting the defense against any action for declaratory relief asserting the invalidity or non-infringement of the Licensed Patent Rights brought by a third party against NESTLE and/or MEDJET. Should MEDJET fail to institute such proceedings within ninety (90) days from receipt by MEDJET of written notice from NESTLE of the existence of infringement or within thirty (30) days from receipt of service of process from a third party, NESTLE may, at its own expense, prosecute any such action in the name of MEDJET and if NESTLE elects to pursue such action, NESTLE shall retain seventy-five percent (75%) and MEDJET shall retain twenty-five percent (25%) of any moneys collected through such action after deducting all costs and expenses, including attorney fees, incurred by NESTLE in pursuing such action. Except as provided above, MEDJET shall not be responsible for any legal expenses of NESTLE in connection with the prosecution of any action contemplated hereby; however, MEDJET may, at its own expense, participate in and be represented by its own counsel in any action brought by NESTLE.
Prosecution of Actions. (a) InSite shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to any infringement of any of the INSITE PATENT RIGHTS or INSITE KNOW-HOW arising from the development, manufacture, processing or use of the COMPOUND in the FIELD or the finishing, distribution, marketing, detailing or sale of the PRODUCT(S), by counsel of its own choice. P&U shall cooperate with InSite at InSite's request in the prosecution of such action or proceeding. If InSite determines that P&U is an indispensable party to the action, P&U hereby consents to be joined. In such event, P&U shall have the right to be represented in that action by counsel of its own choice and expense.
Prosecution of Actions. Alcon shall have the sole and exclusive right, but not the obligation, to initiate and prosecute at its own expense any action for infringement of the `135 Patent and to collect damages for past and future infringement. Alcon shall have the right to join LaserSight as a party in any action initiated by Alcon if such joinder is necessary to the continued prosecution such action. If LaserSight joins any such action at Alcon's request, Alcon shall be responsible for all of LaserSight's legal costs and expenses, which shall be treated as Alcon legal expenses under Section 2.00.
Prosecution of Actions. (a) [***].
Prosecution of Actions. (a) Lilly shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to any infringement/misappropriation of any of the Infringed Antares Rights by counsel of its own choice. Antares shall cooperate with Lilly at Lilly’s request in the prosecution of such action or proceeding. If Lilly reasonably determines that Antares is an indispensable party to the action, Antares hereby consents to be joined. In such event, Antares shall have the right to be represented in that action by counsel of its own choice and at Antares’ expense.
Prosecution of Actions. Licensor shall have the right, but not the obligation, to initiate and prosecute at its own expense any action for infringement of the Licensed Patents and to collect damages for past and future infringement. If Licensor elects not to initiate and prosecute at its own expense any action for infringement of the License Patents, Licensee shall have the option, but not the obligation, to cooperate with Licensor in enforcement of the existing Lin Scanning Patents by assisting Licensor in instituting and prosecuting a suit for infringement in Licensor's name by supporting the litigation at Licensee's own expense and pursuant to the conditions set forth in Section 4.00 of this Agreement.
