Right to Enforce. Artiva shall have the first right, but shall not be obligated, to bring and control an infringement action with respect to any Product Patent or Additional Joint Patent in the Territory against any person or entity, at Xxxxxx’s sole cost and expense. If Artiva does not bring such an action with respect to a Product Patent or Additional Joint Patent in the Territory (or settle or otherwise secure the abatement of such infringement) prior to the earlier of: (i) [***] days following Xxxxxx’s receipt or delivery of the notice under Section 4.3(a), or (ii) [***] days before the deadline, if any, set forth in the applicable Laws for the filing of such actions, GCLC shall have the right to bring and control any such action, at its own expense and by counsel of its own choice. Unless otherwise agreed by the Parties, the Parties shall jointly bring and control an infringement action with respect to any Product Technology that is related to the [***], and equally bear the related expense.
Appears in 2 contracts
Samples: Selected Product License Agreement (Artiva Biotherapeutics, Inc.), Selected Product License Agreement (Artiva Biotherapeutics, Inc.)
Right to Enforce. Artiva shall have the first right, but shall not be obligated, to bring and control an infringement action with respect to any Product Patent or Additional Joint Patent in the Territory against any person or entity, at XxxxxxArtiva’s sole cost and expense. If Artiva does not bring such an action with respect to a Product Patent or Additional Joint Patent in the Territory (or settle or otherwise secure the abatement of such infringement) prior to the earlier of: (i) [***] days following XxxxxxArtiva’s receipt or delivery of the notice under Section 4.3(a), or (ii) [***] days before the deadline, if any, set forth in the applicable Laws for the filing of such actions, GCLC shall have the right to bring and control any such action, at its own expense and by counsel of its own choice. Unless otherwise agreed by the Parties, the Parties shall jointly bring and control an infringement action with respect to any Product Technology that is related to the [***], and equally bear the related expense.
Appears in 2 contracts
Samples: Selected Product License Agreement (Artiva Biotherapeutics, Inc.), Product License Agreement (Artiva Biotherapeutics, Inc.)