Common use of Responsibility for Joint Patents Clause in Contracts

Responsibility for Joint Patents. Epizyme, Eisai and RMS are entitled, but have no obligation, to control any legal proceedings or other actions to enforce and/or defend the Joint Patents worldwide, at the expense of the Party that desires to control, enforce or defend (the “Acting Party”). If more than one Party desires to be the Acting Party, the Parties shall negotiate in good faith about who should be in control. The Parties that are not controlling, enforcing or defending the applicable Joint Patent(s) (“Supporting Parties”) are entitled, at their own expense, to be represented in any such enforcement or defense by counsel of their own choice. If the Acting Party is unable to initiate or prosecute the action solely in its own name, the Supporting Parties will, upon request, join the action and/or execute all documents reasonably necessary for the Acting Party to initiate, prosecute and maintain the action. The Supporting Parties shall have the right to consult with the Acting Party to participate in decisions regarding the appropriate course of conduct for such action, and the additional right to join and participate in (but not control) such action. Each Party shall have the right to be represented by legal counsel of its own choice in connection with any legal proceedings or other actions undertaken by another Party pursuant to this Section 8.9(b) to defend or enforce the Joint Patents.

Responsibility for Joint Patents. Epizyme, Eisai Clovis Oncology and RMS are entitled, but have no obligation, to control any legal proceedings or other actions to enforce and/or defend the Joint Patents worldwide, at the expense of the Party that desires to control, enforce or defend (the “Acting Party”). If more than one Party desires both Parties desire to be the Acting Party, the Parties shall negotiate in good faith about who should be in control. The Parties Party that are is not controlling, enforcing or defending the applicable Joint Patent(s) (“Supporting PartiesParty”) are is entitled, at their its own expense, to be represented in any such enforcement or defense by counsel of their its own choice. If the Acting Party is unable to initiate or prosecute the action solely in its own name, the Supporting Parties Party will, upon request, join the action and/or execute all documents reasonably necessary for the Acting Party to initiate, prosecute and maintain the action. The Supporting Parties Party shall have the right to consult with the Acting Party to participate in decisions regarding the appropriate course of conduct for such action, and the additional right to join and participate in (but not control) such action. Each A Party shall have the right to be represented by legal counsel of its own choice in connection with any legal proceedings or other actions undertaken by another the other Party pursuant to this Section 8.9(b) 8.5 to defend or enforce the Joint Patents.