Prosecution of Infringement Actions. Abboxx xxxll have the right, under its own control and at its own expense, to pursue any third party infringer of ArQule Patent Rights or Joint Patent Rights in or relating to Abboxx Xxxivative Compounds or ArQule Compounds that are in any Licensed Compound Set. Abboxx xxx prosecute any infringement action in the name of ArQule, if so required by applicable law. If Abboxx xxxls to initiate an infringement action within six (6) months after notification or knowledge of the basis for such action relating to a material infringement, ArQule shall have the right to prosecute such infringement, under its sole control and at its sole expense. Neither party shall enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action without the prior written consent of the other party, which consent shall not be unreasonably withheld. Any recovery resulting from an infringement action brought under this Section shall be distributed in the following manner:
Prosecution of Infringement Actions. (i) AMEDICA shall have the primary right, but not the obligation, to institute, prosecute and control any claim, action or proceeding with respect to any infringement/misappropriation of any of the Patent Rights related to Products (an “Infringement Action”), by counsel of its own choice, at AMEDICA’s sole expense. DYTECH shall cooperate with AMEDICA at AMEDICA’s request in the prosecution of any such Infringement Action. In such event, DYTECH shall have the right to be represented in that Infringement Action by counsel of its own choice and at DYTECH’s expense.
Prosecution of Infringement Actions. The owner of the patent or trade secret that is the subject of infringement or misappropriation shall have the primary right, but not the obligation, to institute, prosecute and control any action or proceeding with respect to infringement or misappropriation of such patent or technology by counsel of its own choice. If an infringement action infringes on both Caliper Technology and HP Technology, the parties shall coordinate their prosecution with respect to such infringement. The parties shall confer to determine which party shall have the primary responsibility to institute, prosecute and control any action or proceeding with respect to misappropriation of trade secrets or infringement of patents claiming Joint Inventions.
Prosecution of Infringement Actions. Licensee may institute, in its own name or in the name of Licensor, but in any event at the expense of Licensee, any and all legal actions or proceedings to enforce Licensor’s rights in the Licensed Marks, utilizing any and all applicable registrations of the Licensed Marks with the United States Patent and Licensed Xxxx Office which are owned by Licensor. In the event that any action is brought by Licensee to enforce Licensor’s rights in the Licensed Marks, any recovery shall be for the account of Licensor; provided, however, that Licensee shall have the right to offset all costs, fees and expenses (including attorneys’ fees) incurred by Licensee in connection with such legal action from the gross recovery in any such legal action.
Prosecution of Infringement Actions. The Licensor may, but shall have no obligation to, xxx third parties alleged by the Licensee to be infringing the trademarks. The Licensee shall undertake no action to protest or remedy such infringement without the prior written consent of the Licensor. In any action brought by the Licensor, (i) the Licensor shall retain full control thereof, including the settlement or other disposition of the action, and (ii) any recovery shall be for the account of the Licensor. The Licensee shall, at the Licensee's own expense, lend such co-operation and assistance to the Licensor in the prosecution of such infringement suit as the Licensor shall reasonably request, provided, however, that the Licensor shall reimburse the Licensee for the reasonable out-of-pocket expenses incurred by the Licensee in providing such co-operation and assistance whether or not the Licensor is successful in any such action. If the Licensor elects not to bring an action, the Licensee may bring such an action on behalf of the Licensor upon receipt of prior written consent from the Licensor and at the Licensee's sole expense. In such event, Licensor will cooperate and assist to the extent necessary, and Licensee shall be reimbursed for its expenses including legal fees and expert and investigator fees, if any, from any recovery, the remainder of which would be paid to Licensor.
Prosecution of Infringement Actions. Upon the effective date of this Agreement, ARS authorizes ITI to file, and agrees to co-operate with ITI in the prosecution of, such patent infringement and/or trade secret misappropriation actions as may be necessary to protect from infringement the patent and other proprietary rights granted hereunder. ARS agrees to join as a party plaintiff or provide such other cooperation as may be necessary or reasonably required to successfully pursue any such actions. ITI agrees to pay all such legal fees and costs which are reasonably and necessarily incurred in the pursuit of any such actions.
Prosecution of Infringement Actions. Licensee may, but shall have no obligation to, xxx third parties alleged to be infringers of the Patent. In any action brought by Licensee (a) Licensee shall retain full control thereof, including the settlement or other disposition of the action, (b) all costs and expenses shall be for the account of Licensee, and (c) any recovery shall be for the account of Licensee. Licensor shall, at Licensee's own expense, lend such cooperation and assistance to Licensor in the prosecution of any such infringement suit as Licensee shall reasonably request; provided, that, Licensee shall reimburse Licensor for the reasonable out-of-pocket expenses incurred by Licensor in providing such cooperation and assistance. If Licensee shall fail to institute suit to enjoin such infringement within 90 days after written notification thereof by Licensor, then Licensor shall have the right to bring suit in its own name. If in the case of any such suit brought by Licensor, any recovery shall be for the account of Licensor.
