Prosecution of Infringement Action. In the event that ---------------------------------- Illumina or PEB becomes aware of actual or threatened infringement of a patent resulting from Collaboration Illumina Intellectual Property, Collaboration PEB Intellectual Property, or Collaboration Joint Intellectual Property, that Party will promptly notify the other Party in writing. Either owner of a patent resulting from the intellectual property will have the first right but not the obligation to bring, at its own expense, an infringement action against any third party and to use the other Party's name in connection therewith. If an owner of the patent does not commence a particular infringement action within 90 days, the other Party, after ____________________ [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. notifying the owner in writing, will be entitled to bring the infringement action at its own expense. The Party conducting the action will have full control over its conduct, including settlement thereof. But, no settlement of an action will be made without the prior written consent of the other Party if such settlement would adversely affect the rights of the other Party, such consent not to be unreasonably withheld or delayed. In any event, Illumina and PEB will assist one another and cooperate in any such litigation at the other's reasonable request without expense to the requesting Party, and, if a Party is necessary in order to institute or maintain an infringement suit by the other Party as defined by law, that Party will join such suit, represented by its own counsel.
Prosecution of Infringement Action. If it is believed in good faith that the PATENT RIGHTS are infringed by a third party as evidenced by a third party's manufacture, use or sale of a product, the party to this Agreement first having knowledge of such infringement will promptly notify the other party in writing, which notice will set forth the facts of such infringement in reasonable detail. LICENSEE will have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the PATENT RIGHTS to enjoin any third party infringement of the PATENT RIGHTS in such third party's efforts to make, use or sell a product and to recover damages as may be awarded. If LICENSEE fails to bring such action or proceedings within a period of three (3) months after receiving written notice or otherwise having knowledge of such infringement, then INSTITUTE will have the right, but not the obligation, to prosecute at its own expense any infringement of the PATENT RIGHTS. In either instance in which one party to this Agreement institutes an infringement action, the second party will agree to be joined as a party plaintiff if required by law, and at the expense of the first party, and the second party further agrees to give the first party reasonable assistance and authority to file and to prosecute such suit. Any recovery of damages and costs in such suits will be apportioned as follows: the party bringing the suit will first recover an amount equal to two (2) times the costs and expenses incurred by the party directly related to the prosecution of such action, and the remainder will be divided equally between the INSTITUTE and LICENSEE.
Prosecution of Infringement Action. In the event that deCODE or ABG become aware of actual or threatened infringement of any Collaboration deCODE Intellectual Property, Collaboration ABG Intellectual Property, or Collaboration Joint Intellectual Property, that Party will promptly notify the other Party in writing. The owner the of the Intellectual Property Rights will have the first right but not the obligation to bring, at its own expense, an infringement action against the alleged infringer and to use the other Party's name in connection therewith. If the owner of the Intellectual Property Rights does not commence a particular infringement action within 90 days, the other Party, after notifying the owner in writing, will be entitled to bring the infringement action at its own expense. The Party conducting the action will have full control over its conduct, including settlement thereof. But, no settlement of an action will be made without the prior written consent of the other Party if such settlement would materially adversely affect the rights of the other Party, such
Prosecution of Infringement Action. Licensor shall have the first option in its discretion, to institute and prosecute lawsuits against third persons for infringement of the Trademarks. Licensor shall not be required to institute legal action if, in its sole and absolute discretion, the probability of success therein or results of successful litigation do not justify the time and expense thereof. In the event that Licensor determines in its sole and absolute discretion not to prosecute any such litigation within 45 days of receiving a written request from Licensee to commence such action, then in such event Licensee shall have the right, in its discretion, to institute and prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement only. Each party shall cooperate fully with each other in any proceeding to protect the Trademarks and copyrights and other intellectual property rights granted herein.
