Prosecution of Infringements a. Each party agrees to provide written notice to the other party promptly after becoming aware of any infringement of the Licensed Patent Rights by a third party and of any available evidence thereof. After receiving notice from the other party of a possible infringement of the Licensed Patent Rights by a third party, the parties will consult with each other about whether and to what extent such third party’s products or activities are infringing upon the Licensed Patent Rights, and the extent to which the infringing products or activities are damaging sales of Licensed Products. Within ninety (90) days of such notice, Licensee shall notify TSRI of its decision and proposed course of action, where the date of Licensee’s notice to TSRI, or the expiration of the ninety (90) day period, shall be known as the “Commencement Date”. If Licensee determines, in its reasonable commercial discretion, and provides TSRI with its assessment supporting such determination, that the prosecution of such infringement would be commercially unreasonable, and TSRI does not object to such determination, then Licensee shall not have the obligation as set forth under Section 8.6.1(d) to prosecute such infringement and the consequences in Section 8.6.1(d) shall not apply; provided, however, that TSRI shall then have the right, but not the obligation, to prosecute such infringement.
b. In the event Licensee is obligated to, pursuant to Section 8.6.1(d) below, or elects to, pursuant to 8.6.1(a) above, pursue a third party infringer, then Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense, but only with TSRI’s prior written consent, which will not be unreasonably withheld or delayed. TSRI shall permit any action to be brought in its name if required by law, and Licensee shall hold TSRI harmless from any costs, expenses or liability respecting all such infringements. TSRI agrees to provide reasonable assistance which Licensee may require in any litigation arising in accordance with the provisions of this Section 8.6.1, for which Licensee shall pay to TSRI a reasonable hourly rate of compensation, including, without limitation, joining such action as a party plaintiff if necessary or desirable for initiation or continuation of such action; provided that the Licensee reimburses TSRI promptly for any reasonable costs and expenses incurred by TSRI in connection with providing such assistance.
c. In the event Lic...
Prosecution of Infringements. Licensee agrees to promptly notify TSRI in the event that Licensee becomes aware of any infringement or threatened infringement by a third party of any of the Licensed Patent Rights. TSRI and Licensee will mutually confer with one another with respect to any actions to be undertaken by either Party with respect to third party infringement of the Licensed Patent Rights. Licensee shall have the exclusive right to bring suit and to take action against any infringer of the Licensed Patent Rights in its own name, or in the name of TSRI where necessary, in which case Licensee shall control the prosecution of any such suit or claim, including without limitation the choice of counsel, and shall have the exclusive right to settle or dispose of any such suit or claim. TSRI shall at Licensee’s request, take all action reasonably necessary to assist in any such suit, including joining as a party. If Licensee undertakes to prosecute any infringement, Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense, but only with TSRI’s prior written consent if such settlements, stipulated judgments or other arrangements would affect TSRI’s business or its rights in the Licensed Patent Rights. Licensee shall hold TSRI harmless from all liabilities and expenses with respect to such infringements. If Licensee declines to prosecute any such infringement, Licensee shall notify TSRI in writing of its decision within [***] days of the later of (i) mutual agreement of the parties to pursue the alleged infringer, and (ii) initiation of consultation between Licensee and TSRI as provided in the second sentence of this Section 6.5.
Prosecution of Infringements. Scripps and Licensee shall promptly notify the other in writing if any infringement of the Scripps Patent Rights by a third party is discovered or comes to its attention. Provided Licensee shall have supplied Scripps with reasonable evidence of infringement of Scripps Patent Rights by a third party, Licensee shall have the right, at Licensee's sole expense to bring suit against the infringer for infringement of the Scripps Patent Rights. In the event that Licensee has not caused such infringement to terminate (for whatever cause) or initiated legal proceedings against the infringer within three (3) months following receipt or giving of notice pursuant to this Section 3.7, Scripps shall have the right (but not the obligation), at Scripps's sole expense, to bring suit against the infringer for infringement of the Scripps Patent Rights.
Prosecution of Infringements. During the term of this Agreement, the parties shall consult with each other regarding such infringement of any patent within such Licensed Patent Rights. In order to maintain the licenses granted hereunder in force, Licensee shall prosecute any and all infringements of any Licensed Patent Rights by third parties, unless such infringement is outside of the Field or is economically immaterial. Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense, but only with the prior written consent of TSRI, which consent shall not be unreasonably withheld. TSRI shall permit any action to be brought in its name if required by law, and Licensee shall hold TSRI harmless from any costs, expenses or liability respecting all such infringements. TSRI agrees to provide reasonable assistance of a technical nature which Licensee may require in any litigation arising in accordance with the provisions of this Section 8.6.2, for which Licensee shall pay to TSRI a reasonable hourly rate of compensation. In the event Licensee fails to prosecute any such infringement, Licensee shall notify TSRI in writing promptly and TSRI shall have the right, but not the obligation, to prosecute such infringement on its own behalf.
Prosecution of Infringements. (a) If SCI discovers an infringement of the Licensed Technology by a third party, it shall give SI prompt notice thereof and shall take no other action against the alleged infringer without the prior written consent of SI. SCI agrees to cooperate with SI, at no out-of-pocket expense to SCI, in connection with any action taken by SI to prosecute such infringements. Any recovery of damages or attorneys fees in infringements actions, or amounts received at settlement thereof, shall be applied first to reimburse the parties for their expenses incurred in connection with such actions, and thereafter shall be divided as follows: (i) if the infringement is described in Section 9.3 of the Tanabe Agreement, 50% to SCI and 50% to SI; and (ii) for all other infringements, (A) if such infringement occurred outside the SCI Field, 100% to SI; and (B) if such infringement occurred inside the SCI Field, 70% to SCI and 30% to SI.
(b) SI shall have no obligation to institute suit or take action against any infringer. In the event that SI declines to take such action for any reason, SCI shall have the right, but not the obligation, to take such action if the infringement is in the SCI Field, but shall promptly advise SI of any counterclaims brought by the alleged infringer and give SI an opportunity to defend against such counterclaims. In the event of any such counterclaims, SCI shall not enter into settlement with the alleged infringer without the prior written consent of SI, which shall not be unreasonably withheld.
Prosecution of Infringements a. [****]. LICENSEE and LICENSOR shall inform each other promptly in writing in the event either party becomes aware of any alleged infringement of the PATENT RIGHTS by a third party and of any available evidence thereof.
b. [****] , which shall not be unreasonably withheld or delayed. [****] agrees to [****] for the reasonable [****] incurred [****] in participating in any such proceeding with [****] and providing such assistance to [****].
c. [****] shall promptly notify [****].
Prosecution of Infringements. Licensee agrees to promptly notify TSRI in the event that Licensee becomes aware of any infringement or threatened infringement by a third party of any of the Licensed Patent Rights. In order to maintain the licenses granted hereunder in force, Licensee shall prosecute any and all infringements of any Licensed Patent Rights by third parties, unless otherwise agreed in writing by TSRI and Licensee. Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense, but only with TSRI’s prior written consent if such settlements, stipulated judgments or other arrangements would affect TSRI’s business or its rights in the Licensed Patent Rights. Licensee shall hold TSRI harmless from all liabilities and expenses with respect to such infringements. Failure on the part of Licensee to prosecute any such infringement shall be grounds for termination of the licenses granted to Licensee hereunder, with respect to the country in which such infringement occurs, at TSRI’s option. If Licensee fails to prosecute any such infringement, Licensee shall promptly notify TSRI in writing. In such events, TSRI will have the right, but not the obligation, to prosecute such infringement itself.
Prosecution of Infringements. The Parties shall consult with each other regarding any claim of infringement of any patent within the Licensed Patent Rights. NeuroBo shall prosecute all claims of infringement of any Licensed Patent Rights, unless such claim for infringement is economically immaterial or prosecution of the infringement claim would not be in accord with NeuroBo’s business strategy. NeuroBo may enter into settlements, stipulated judgments, or other arrangements respecting the infringement, at its own expense, and Dong-A shall consent thereto. Dong-A shall also consent to any infringement action being brought in its name if required by law.
Prosecution of Infringements. Both parties shall notify the other of facts which suggest that an infringement of the Patents or the Mark in the Territories may be occurring and shall consult as to xxx manner of dealing with such infringements.
Prosecution of Infringements. The Parties shall consult with each other regarding any claim of infringement of any Patent within the Licensed Patent Rights in the Territory. NeuroBo shall prosecute all claims of infringement of any Licensed Patent Rights in the Territory. NeuroBo shall not settle any claim without the prior written consent of Dong-A. Dong-A shall also consent to any infringement action of any Patent within the Licensed Patent Rights in the Territory being brought in its name if required by Law.
