Prosecution of Infringement or Patent Defense by ARES Sample Clauses

Prosecution of Infringement or Patent Defense by ARES. If within ninety (90) days from the date on which SIGNAL is notified or otherwise becomes aware of an infringement or potential infringement of a SIGNAL Patent or Joint Patent in the Territory or a claim that a SIGNAL Patent or Joint Patent is invalid in the Territory, either (i) the infringement has not been terminated or the claim has not been withdrawn or (ii) SIGNAL has not initiated an Action against such third party, SIGNAL shall, upon request of ARES, grant ARES the right to initiate an Action against such third party at its own cost and expense, provided, however, that ARES shall be entitled to deduct such cost and expense from up to [***] of the royalties due SIGNAL thereafter pursuant to Sections 3.05 and 4.01 hereof. Notwithstanding the ninety (90) day period established in the previous sentence, in the event that SIGNAL has not instituted a summary proceeding with respect to an infringement or potential infringement of a SIGNAL Patent or Joint Patent and the right to institute such a summary proceeding shall lapse within two weeks, ARES may institute such a summary proceeding. ARES shall keep SIGNAL informed of, and shall from time to time consult with SIGNAL regarding, the status of any such Action or summary proceeding and shall provide SIGNAL with copies of all documents filed in, and all written communications relating to, such Action or summary proceeding. SIGNAL agrees, in the event that ARES cannot prosecute such Action or summary proceeding in its own name, to sign and deliver to ARES, within ten (10) days of ARES' request therefor, all documents necessary for ARES to prosecute such Action or summary proceeding in the name of SIGNAL, but ARES shall control the prosecution of any such Action or summary proceeding. SIGNAL shall have the right to participate and be represented in such Action or summary proceeding by its own counsel at its own expense. SIGNAL shall provide all reasonable cooperation to ARES in connection with such Action or summary proceeding, and ARES shall ***Confidential Treatment Requested 33 reimburse SIGNAL for its out-of-pocket expenses incurred in rendering such cooperation. ARES may not compromise or settle such Action or summary proceeding without SIGNAL's prior written consent, which consent shall not unreasonably be withheld. In the event ARES obtains any recovery from such Action or the compromise or settlement thereof, the total amount of such recovery shall first be used to reimburse ARES for any costs and ex...
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs

Related to Prosecution of Infringement or Patent Defense by ARES

  • INFRINGEMENT AND PATENT ENFORCEMENT 11.1 PHS and Licensee agree to notify each other promptly of each infringement or possible infringement of the Licensed Patent Rights, as well as, any facts which may affect the validity, scope, or enforceability of the Licensed Patent Rights of which either party becomes aware.

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents.

  • Prosecution and Maintenance of Patent Rights ALNYLAM will have the right and responsibility to file, prosecute and maintain patent protection in the Territory for all ALNYLAM Patent Rights. [ * ]

  • Defense of Infringement Claims In the event Licensee or Licensor becomes aware that Licensee’s or any of its Affiliates’ or any Sublicensees’ practice of the Licensed Patents is the subject of a claim for patent infringement by a Third Party, that Party shall promptly notify the other, and the Parties shall consider the claim and the most appropriate action to take. Licensee shall cause each of its Affiliates and each Sublicensee to notify Licensee promptly in the event such entity becomes aware that its practice of the Licensed Patents is the subject of a claim of patent infringement by another. To the extent Licensor takes any action, Licensor (or the ReGenX Licensors) shall have the right to require Licensee’s reasonable cooperation in any such suit, upon written notice to Licensee; and Licensee shall have the obligation to participate upon Licensor’s request, in which event, Licensor shall bear the cost of Licensee’s participation. Without Licensor’s prior written permission, Licensee must not settle or compromise any such suit in a manner that imposes any material obligations or restrictions on Licensor or the ReGenX Licensors or grants any rights to the Licensed Patents other than rights that Licensee has the right to grant under this Agreement.

  • Patent Infringement 3.1 Each party will notify the other promptly in writing when any infringement by another is uncovered or suspected.

  • Prosecution of Patent Applications At its own expense, each Assignor shall diligently prosecute all material applications for (i) United States Patents listed in Annex F hereto and (ii) Copyrights listed on Annex G hereto, in each case for such Assignor and shall not abandon any such application prior to exhaustion of all administrative and judicial remedies (other than applications deemed by such Assignor to be no longer prudent to pursue), absent written consent of the Collateral Agent.

  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Notification of Infringement Each party agrees to provide written notice to the other party promptly after becoming aware of any infringement of the Patent Rights.

  • Enforcement of Licensed Patents Each party shall promptly notify the other in writing of any alleged or threatened infringement of any Patent included in the Licensed Patents of which such party becomes aware.

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

Time is Money Join Law Insider Premium to draft better contracts faster.