Right to Prosecute Infringements. (a) During the term of this Agreement, the Company may commence and prosecute at its own expense and in its name alone all actions for past and future infringements of the Patent Rights and/or the Joint Patent Right in the License Field (“Infringement Actions by the Company”), provided that the Company obtains JSR’s prior written consent on each Infringement Action by the Company with respect to Patent Rights. JSR shall not withhold its consent on any Infringement Action by the Company without reasonable ground. For example, if participation of the University in an Infringement Action by the Company is required by the laws of the jurisdiction where such action is commenced, or requested by the Company, it shall be reasonable ground for JSR to withhold its consent on the Infringement Action by the Company. For clarity, Company will not be required to obtain JSR’s or University’s consent with respect to an Infringement Action by the Company relating to the Joint Patent Rights and shall have the sole right to commence such an Infringement Action by the Company. The total cost of any Infringement Action by the Company shall be borne by the Company and the Company shall keep any recovery or damages for past or future infringement obtained.
(b) If required by the laws of the jurisdiction where an Infringement Action by the Company is commenced, and to the extent reasonably available under such laws, i) JSR and the University shall cooperate the Company in giving the Company the legal status to commence the Infringement Action by the Company or ii) JSR shall cooperate with the Company in participating in an Infringement Action by the Company as a licensor at the Company’s sole expense. The Company shall reimburse JSR and the University for all documented, out-of-pocket costs incurred by JSR and/or the University due to such cooperation. JSR or the University shall not have any obligation of cooperation in, or action relating to, any Infringement Action by the Company except as provided for in this Section 7.2(b) or in Section 7(a).
Right to Prosecute Infringements. Pursuant to each License Agreement, VistaGen has the right to determine the appropriate course of action to enforce the Licensed IP or otherwise axxxx the infringement thereof, to take (or refrain from taking) appropriate action to enforce the Licensed IP, to defend any declaratory judgments seeking to invalidate or hold the Licensed IP unenforceable, to control any litigation or other enforcement action and to enter into, or permit, the settlement of any such litigation, declaratory judgments or other enforcement action with respect to Licensed IP.
Right to Prosecute Infringements. (a) For purposes of this Section 7.2, Kayla shall be the “Lead Party” during the period commencing on the Effective Date and ending on Codiak’s payment of the [***] milestone described in Table 5.2(a) above. After such period, for those Licensed Patents that (i) are the sole patents owned or controlled by Codiak that Claim the composition of matter of a Licensed Product in development by Codiak or (ii) rights under which have not been licensed by Kayla to a Third Party for the development and commercialization of products containing a Claimed STING Compound, Codiak shall be the “Lead Party” for the remainder of the Term.
Right to Prosecute Infringements. (a) COMPANY RIGHT TO PROSECUTE PATENT RIGHTS IN EXCLUSIVE FIELDS. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS SEQUENCING and the PATENT RIGHTS HEPARINSE in the FIELD SEQUENCING MACHINES in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS SEQUENCING and PATENT RIGHTS HEPARINASE in the FIELD SEQUENCING MACHINES in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, M.I.T. shall permit any action under this Section to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold M.I.T. harmless from, and indemnify M.I.T. against, any costs, expenses, or liability that M.I.T. incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with M.I.T. and shall consider the views of M.I.T. regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of M.I.T.
(b) M.I.T.
Right to Prosecute Infringements. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Right to Prosecute Infringements. Licensor, to the extent permitted by law, shall have the first right, under its own control and at its own expense, to pursue and prosecute any Third Party infringement of the Licensed Technology. Licensor shall promptly inform Licensee if it elects not to exercise such first right (but in any event within sixty (60) days after notice of such infringement pursuant to Section 12.1), and Licensee shall thereafter, after Licensor’s prior written approval not to be unreasonably withheld or delayed, have the right to pursue and prosecute such actions, either in its own name or in the name of both Parties, if necessary. If required by law, each Party shall permit any action under this Section 12.2 to be brought in the other Party’s name, provided that the Party bringing the action shall reimburse the other Party against, any out of pocket costs or expenses that such Party incurs in connection with such action
Right to Prosecute Infringements. Licensee, to the extent permitted by law, shall have the sole right, but not the obligation, at its cost and expense, to bring an action against any Third Party for infringement of the Patent Rights in the Licensed Field. Such right shall include the right to obtain equitable relief and recover any provisional and other damages awarded in consequence of any past, actual or alleged infringement of the Patent Rights. If required by law, Licensor shall permit any action under this Section 8.2 to be brought in its name, including being joined as a party-plaintiff. Licensor shall cooperate with Licensee in any such action at Licensee’s cost and expense. Licensor shall have the right, at Licensor’s cost and expense, to participate in any such action, including the right and opportunity to review and comment in advance on any material substantive filings or proceedings. If Licensee in its discretion elects not to pursue any action against a suspected infringer, Licensee shall promptly and timely notify Licensor of such election, and Licensor may in its discretion pursue such action and shall notify Licensee of Licensor’s intent to do so. Absent a reasonable written objection by Licensee, Licensor may, at its sole expense, proceed with the prosecution of any action with respect to stopping the possible infringement, provided that Licensee shall have the right to participate in such action, at its own expense, and shall have the opportunity to review and comment in advance on any material substantive filings or proceedings in such action.
Right to Prosecute Infringements. In the event that either party -------------------------------- becomes aware of any third party infringement or threatened infringement of any Mplayer Patent Rights, HearMe shall have the first right to enforce any patent or patent application within the Patent Rights against such infringement or threatened infringement. HearMe may, in its sole judgment and at its own expense, institute suit against any such infringer or alleged infringer and control, settle and defend such suit and recover, for its account, any damages, awards or settlements therefrom. HearMe shall at all times keep Company reasonably informed as to the status of any such enforcement action. Company shall reasonably cooperate and use its best efforts to assist HearMe in any such litigation at HearMe's expense, including without limitation by joining in such litigation if requested by HearMe. If HearMe elects not to so enforce any patent or patent application within the Mplayer Patent Rights, then it shall so notify Company in writing as soon as practicable but in no event in a manner than prejudices Company's ability or right to institute such enforcement proceeding or more than six (6) months after receipt of notice that an infringement or alleged infringement exists, and Company may, in its sole judgment and at its own expense, take steps to enforce any such patent or patent application and control, settle and defend such suit and recover, for its account, any damages, awards or settlements therefrom.
Right to Prosecute Infringements. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the FIELD in the TERRITORY, COMPANY, to the extent permitted by law, will have the right, under its own control and [***], to prosecute any third-party infringement of the PATENT RIGHTS in the FIELD in the TERRITORY, subject to Sections 2.5(d), 7.4 and 7.5. If required by law, XXXXXXXXX shall permit any action under this Section 7.2 to be brought in its name, including being joined as a party-plaintiff, provided that [***]. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX and shall consider the views of XXXXXXXXX regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section 7.2 without the prior written consent of XXXXXXXXX, such consent not to be unreasonably withheld, delayed or conditioned.
Right to Prosecute Infringements a) During the term of this Agreement, the Company shall have the right, under its own control and at its own expense, to prosecute any Third Party infringement of the Patent Rights, and any recovery obtained shall belong solely to the Company. If required by law, each of the University and the Inventors, as well as any other University personnel who are deemed inventors of any Patent Rights and/or Inventions, shall permit any action under this Section to be brought in its name, including being joined as a party-plaintiff. Prior to commencing any such action, Company shall consult with the University and shall consider the views of the University regarding the advisability of the proposed action and strategy relating thereto.
b) In the event that the Company is unsuccessful in persuading an alleged infringer to desist and fails to have initiated an infringement action within a reasonable time after Company first becomes aware of the basis for such action, the University shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense.
