Common use of Prosecution of Actions Clause in Contracts

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. (a) NeoPharm PNU 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 Product Patents or NeoPharm Product Know-How by counsel of its own choice. PNU NeoPharm shall cooperate with NeoPharm PNU at NeoPharmPNU's request in the prosecution of such action or proceeding. If NeoPharm PNU determines that PNU NeoPharm is an indispensable party to the action, PNU NeoPharm hereby consents to be joined. In such event, PNU NeoPharm shall have the right to be represented in that action by counsel of its own choice and expense.