Common use of Right to Bring Action or Defend Clause in Contracts

Right to Bring Action or Defend. Licensor shall have the first right, but not the obligation, to bring an infringement action to enforce any Licensed Patent, defend any declaratory judgment action concerning any Licensed Patent, and take any other lawful action reasonably necessary to protect, enforce, or defend any Licensed Patent, and control the conduct thereof. Notwithstanding the foregoing, if Licensor does not bring action with respect to any commercially significant third-party infringement within sixty (60) days of a request by Licensee, or earlier notifies Licensee in writing of its intent not to do so, then Licensee shall have the right, but not the obligation, to bring such an action and to control the conduct thereof.

Right to Bring Action or Defend. Licensor shall have the first right, but not the obligation, to bring an infringement action to enforce any Licensed PatentIntellectual Property Rights, defend any declaratory judgment action concerning any Licensed PatentIntellectual Property, and take any other lawful action reasonably necessary to protect, enforce, or defend any Licensed PatentIntellectual Property and Licensed Intellectual Property Rights, and control the conduct thereof. Notwithstanding the foregoing, if If Licensor does not bring action with respect to any commercially significant third-party infringement within sixty one hundred eighty (60180) days of a request by Licensee, or earlier notifies Licensee in writing of its intent not to do so, then Licensee shall have the right, but not the obligation, to bring such an action and to control the conduct thereof.

Right to Bring Action or Defend. Licensor shall have the first right, but not the obligation, to bring an infringement action action, entirely at its own expense, to enforce any Licensed Patent, defend any declaratory judgment action concerning any Licensed Patent, and take any other lawful action reasonably necessary to protect, enforce, or defend any Licensed Patent, and control the conduct thereof. Notwithstanding the foregoing, if Licensor does not bring action with respect to any commercially significant third-party infringement within sixty (60) days of a request by Licensee, or earlier notifies Licensee in writing of its intent not to do so, then Licensee shall have the right, but not the obligation, to bring such an action and to control the conduct thereofthereof entirely at its own expense.

Right to Bring Action or Defend. Licensor shall have the first right, but not the obligation, to bring an infringement action to enforce any Licensed Patent, defend any declaratory judgment action concerning any Licensed Patent, and take any other lawful action reasonably necessary to protect, enforce, or defend any Licensed Patent, and control the conduct thereof. Notwithstanding the foregoing, if Licensor does not bring action with respect to any commercially significant third-party infringement within sixty thirty (6030) days of a request by Licensee, does not timely take any other lawful action reasonably necessary to protect, enforce, or defend any Licensed Patent, or earlier notifies Licensee in writing of its intent not to do soeither of the foregoing, then Licensee shall have the right, but not the obligation, to bring or take such an action and to control the conduct thereof.