Common use of PROSECUTION OF INTELLECTUAL PROPERTY SUITS Clause in Contracts

PROSECUTION OF INTELLECTUAL PROPERTY SUITS. If either party believes that a third Party is infringing any patent, copyright, trademark or other intellectual property right belonging to the parties and applicable to the HIV Product in the Territory, it shall promptly notify the other Party. The Parties shall meet and discuss whether to take action to abatx xxx infringement and, if so, what actions to take, which Party will take such actions and how related expenses will be borne between the Parties. If either Party elects to initiate such a suit, the other Party shall cooperate in the action and have the right but not the obligation to bear up to one-half the expenses of the suit, provided that such Party undertakes in writing within ninety (90) days after the suit is initiated to bear a stated percentage of such costs. Any recovery or settlement obtained in such an action shall be used first to reimburse each Party pro rata for litigation expenses. Any remaining recovery will be allocated between the parties in proportion to the share of litigation expenses they bore.

PROSECUTION OF INTELLECTUAL PROPERTY SUITS. If either party believes that a third Party is infringing any patent, copyright, trademark or other intellectual property right belonging to the parties and applicable to the HIV Product in the Territory, it shall promptly notify the other Party. The Parties shall meet and discuss whether to take action to abatx xxx xxxxx the infringement and, if so, what actions to take, which Party will take such actions and how related expenses will be borne between the Parties. If either Party elects to initiate such a suit, the other Party shall cooperate in the action and have the right but not the obligation to bear up to one-half the expenses of the suit, provided that such Party undertakes in writing within ninety (90) days after the suit is initiated to bear a stated percentage of such costs. Any recovery or settlement obtained in such an action shall be used first to reimburse each Party pro rata for litigation expenses. Any remaining recovery will be allocated between the parties in proportion to the share of litigation expenses they bore.