Common use of Prosecution of Infringers Clause in Contracts

Prosecution of Infringers. If LLC determines that a third party is infringing a claim of a patent in the BCI Technology Patents by making, using or selling a product which competes with a Licensed Product then being sold by LLC, it shall notify Affymetrix thereof in writing. Such notice shall include information in LLC's possession relevant to such third party and the competing product. Affymetrix shall have ninety (90) days in which to either obtain the consent of such third party to discontinue such infringement or to exercise its right to bring an action to cause such infringement to cease. Affymetrix shall have no obligation to bring an action for infringement; provided however, if Affymetrix does not obtain the consent of such third party to cease infringement or does not bring suit against the third party under the patent, then LLC shall have the right to discontinue paying royalties under the effected patent for such product until either the third party discontinues its infringing activity or Affymetrix brings a lawsuit against the third party for such infringement.

Prosecution of Infringers. If LLC BCI determines that a third party is infringing a claim of a patent in the BCI Technology Patents Patent Rights by making, using or selling a product which competes with a Licensed Product BCI Array Chip then being sold by LLCBCI, it shall notify Affymetrix thereof in writing. Such notice shall include information in LLCBCI's possession relevant to such third party and the competing product. Affymetrix shall have ninety (90) days in which to either obtain the consent of such third party to discontinue such infringement or to exercise its right to bring an action to cause such infringement to cease. Affymetrix shall have no obligation to bring an action for infringement; provided however, if Affymetrix does not obtain the consent of such third party to cease infringement or does not bring suit against the third party under the patent, then LLC BCI shall have the right to discontinue paying royalties under the effected patent for such product BCI Array Chips until either the third party discontinues its infringing activity or Affymetrix brings a lawsuit against the third party for such infringement.

Prosecution of Infringers. If LLC Affymetrix determines that a third party is infringing a claim of a patent in the BCI Technology Patents Patent Rights by making, using or selling a product which competes with a Licensed Product then being sold by LLCAffymetrix, it shall notify Affymetrix BCI thereof in writing. Such notice shall include information in LLC's Affymetrix' possession relevant to such third party and the competing product. Affymetrix BCI shall have ninety (90) days in which to either obtain the consent of such third party to discontinue such infringement or to exercise its right to bring an action to cause such infringement to cease. Affymetrix BCI shall have no obligation to bring an action for infringement; provided however, if Affymetrix BCI does not obtain the consent of such third party to cease infringement or does not bring suit against the third party under the patent, then LLC Affymetrix shall have the right to discontinue paying royalties under the effected patent for such product until either the third party discontinues its infringing activity or Affymetrix BCI brings a lawsuit against the third party for such infringement.

Prosecution of Infringers. If LLC determines that a third party is infringing a claim of a patent in the BCI Technology Patents Patent Rights by making, using or selling a product which competes with a Licensed Product LLC Array Chip then being sold by LLC, it shall notify Affymetrix thereof in writing. Such notice shall include information in LLC's possession relevant to such third party and the competing product. Affymetrix shall have ninety (90) days in which to either obtain the consent of such third party to discontinue such infringement or to exercise its right to bring an action to cause such infringement to cease. Affymetrix shall have no obligation to bring an action for infringement; provided however, if Affymetrix does not obtain the consent of such third party to cease infringement or does not bring suit against the third party under the patent, then LLC shall have the right to discontinue paying royalties under the effected patent for such product LLC Array Chips until either the third party discontinues its infringing activity or Affymetrix brings a lawsuit against the third party for such infringement.