Rights to Xxx for Infringement. Pursuant to this Agreement and the provisions of Chapter 29 of Title 35, United States Code, Licensee may a) bring suit in its own name, at its own expense, and on its own behalf for infringement of presumably valid claims in the Patent Rights and defend in its own name, at its own expense, any allegation of invalidity or non-infringement of any of the Patent Rights brought in a declaratory judgment action or raised by way of counterclaim or affirmative defense in an infringement suit brought by the Licensee; b) in any such suit, enjoin infringement and collect for its use damages, profits, and awards of whatever nature recoverable for such infringement; and c) settle any claim or suit for infringement of the Patent Rights. Licensee will have the first right to bring or defend such suit(s). Licensee may request University to initiate or join any such suit if necessary to avoid dismissal of the suit. Should University be made a party to any such suit at the request of the Licensee, Licensee must reimburse University for any costs, expenses, or fees that University incurs as a result of such motion or other action, including any and all costs incurred by University in opposing any such motion or other action. In all cases, Licensee will keep University reasonably apprised of the status and progress of any litigation. Before Licensee commences an infringement action, Licensee must notify University and give careful consideration to the views of University in deciding whether to bring suit. If Licensee notifies the University that it will not be bringing suit for infringement of claims of Patent Rights, University shall have the right to bring and control any such action at its own expense and by counsel of its own choosing. If Licensee elects not to defend against any declaratory judgment action alleging invalidity or non-infringement of any of the Patent Rights, University, at its option, may do so at its own expense.
Rights to Xxx for Infringement. Pursuant to this Agreement and the provisions of Chapter 29 of Title 35, United States Code, Regulus may a) bring suit in its own name, at its own expense, and on its own behalf for infringement of presumably Valid Claims in the Patent Rights within the Field and defend in its own name, at its own expense, any allegation of invalidity or non-infringement of any of the Patent Rights brought-in a declaratory judgment action or raised by way of counterclaim or affirmative defense in an infringement suit brought by Regulus; b) In any such suit, enjoin infringement and collect for its use, damages, profits, and awards of whatever nature recoverable for such infringement; and c) settle any claim or suit for infringement of the Patent Rights (for the avoidance of doubt only with regard to the Field). Regulus will have the first right to bring or defend such suit(s). If necessary to avoid dismissal of a suit, Regulus may request University to initiate or join any such suit. Should University be made a party to any such suit at the request of Regulus, Regulus will immediately secure and reimburse University for any costs, expenses, or fees that University may incur as a result of such motion or other action, including any and all costs incurred by University in opposing any such motion or other action. In all cases, Regulus will keep University reasonably apprised of the status and progress of any litigation.
Rights to Xxx for Infringement. Pursuant to this Agreement and the provisions of Chapter 29 of Title 35, United States Code, [***] may a) bring suit in its own name, at its own expense, and on its own behalf for infringement of presumably valid claims in the Licensed Patents and defend in its own name, at its own expense, any allegation of invalidity or non-infringement of any of the Licensed Patents brought in a declaratory judgment action or raised by way of counterclaim or affirmative defense in an infringement suit brought by the [***]; b) in any such suit, enjoin infringement and collect for its use damages, profits, and awards of whatever nature recoverable for such infringement; and c) settle any claim or suit for infringement of the Licensed Patents. [***] will have the first right to bring or defend such suit(s). [***] may request [***] to initiate or join any such suit if necessary to avoid dismissal of the suit. Should [***] be made a party to any such suit at the request of the [***] must reimburse [***] for any costs, expenses, or fees that [***] incurs as a result of such motion or other action, including any and all costs incurred by [***] in opposing any such motion or other action. In all cases, [***] will keep [***] reasonably apprised of the status and progress of any litigation. Before [***] commences an infringement action, [***] must notify [***] and give careful consideration to the views of [***] in deciding whether to bring suit. If [***] notifies the [***] that it will not be bringing suit for infringement of claims of Licensed Patents, [***] shall have the right to bring and control any such action at its own expense and by counsel of its own choosing. If [***] elects not to defend against any declaratory judgment action alleging invalidity or non-infringement of any of the Licensed Patents, [***], at its option, may do so at its own expense.
Rights to Xxx for Infringement. Pursuant to this Agreement and the provisions of Chapter 29 of Title 35, United States Code, Licensee may a) bring suit in its own name, at its own expense, and on its own behalf for infringement of presumably valid claims in the Patent Rights and defend in its own name, at its own expense, any allegation of invalidity or non-infringement of any of the Patent Rights brought in a declaratory judgment action or raised by way of counterclaim or affirmative defense in an infringement suit brought by the Licensee; b) in any such suit, enjoin infringement and collect for its use damages, profits, and awards of whatever nature recoverable for such infringement; and c) settle any claim or suit for infringement of the Patent Rights–provided, however, that Licensor will have the first right to take such actions and will have a continuing right to intervene in such suit. Licensee will take no action to compel Licensor either to initiate or to join in any such suit for patent infringement. Licensee may request Licensor to initiate or join any such suit if necessary to avoid dismissal of the suit. Should Licensor be made a party to any such suit, Licensee must reimburse Licensor for any costs, expenses, or fees that Licensor incurs as a result of such motion or other action, including any and all costs incurred by Licensor in opposing any such motion or other action. Upon Licensee's payment of all costs incurred by Licensor as a result of Licensee's joint motion or other action, these actions by Licensee will not be considered a default in the performance of any material obligation under this Agreement. In all cases, Licensee will keep Licensor reasonably apprised of the status and progress of any litigation. Before Licensee commences an infringement action, Licensee must notify Licensor and give careful consideration to the views of Licensor in deciding whether to bring suit.
