Stanford Suit. If neither Section 14.4 nor 14.5 apply, Stanford has the right to institute and prosecute a suit or defend any declaratory judgment action, and may name ***** as a party for standing purposes. If Stanford decides to institute suit, it will notify ***** in writing. If ***** does not notify Stanford in writing that it desires to jointly prosecute the suit within 15 days after the date of the notice, ***** will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and will retain the entire amount of any recovery or settlement.
Stanford Suit. Stanford has the first right to institute suit, and may name ***** as a party for standing purposes. If Stanford decides to institute suit, it will notify ***** in writing. If ***** does not notify Stanford in writing that it desires to jointly prosecute the suit within 15 days after the date of the notice, ***** will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and will retain the entire amount of any recovery or settlement.
Stanford Suit. If ImmuMetrix does not initiate an enforcement action within 120 days of a request by Stanford to do so or ImmuMetrix does not elect to control a declaratory judgment action within 90 days of receiving notice that such action has been filed, Stanford may institute and prosecute a suit so long as it conforms with the requirements of this Section. Stanford will diligently pursue the suit and will bear the entire cost of the litigation, including expenses and counsel fees incurred by ImmuMetrix. Stanford will keep ImmuMetrix reasonably apprised of all developments in the suit, and will seek ImmuMetrix’s input and approval on any substantive submissions or positions taken in the litigation regarding the scope, validity and enforceability of the Licensed Patent. Stanford will not prosecute, settle or otherwise compromise any such suit in a manner that adversely affects ImmuMetrix’s interests without ImmuMetrix’s prior written consent.
Stanford Suit. If Forty Seven does not initiate an enforcement action within [*] days of a request by Stanford to do so or Forty Seven does not elect to control a declaratory judgment action within [*] days of receiving notice that such action has been filed, in each case relating to the Exclusive Patents and/or the Limited Exclusive Patents, Stanford has the right to institute and prosecute such a suit or defend any such declaratory judgment action. If Stanford decides to institute suit, it will notify Forty Seven in writing. If Forty Seven does not notify Stanford in writing that it desires to jointly prosecute the suit within [*] days after the date of the notice, Forty Seven will [*]. Stanford will bear the entire cost of the litigation and will [*].
Stanford Suit. Stanford has the first right to institute suit, and may name Medicenna as a party for standing purposes. If Stanford decides to institute suit, it will notify Medicenna in writing. If Medicenna does not notify Stanford in writing that it desires to jointly prosecute the suit within 15 days after the date of the notice, Medicenna will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and will retain the entire amount of any recovery or settlement.
Stanford Suit. If Eidos does not exercise its first right pursuant to Section 14.6 or the Parties do not agree to enter into a joint action pursuant to Section 14.5, then Stanford shall have the first right to institute suit, and may name Eidos as a party for standing purposes. If Stanford decides to institute suit, it will notify Eidos in writing. If Eidos does not notify Stanford in writing that it desires to jointly prosecute the suit within 15 days after the date of the notice, Eidos will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and, following reimbursement of any legal fees, pre-approved by Stanford, incurred by Eidos in cooperating with such action by Stanford, Stanford will retain the entire amount of any recovery or settlement.
Stanford Suit. Stanford has the first right to institute suit. and may name Telomolecular as a party for standing purposes. If Stanford decides to institute suit. it will notify Telomolecular in writing. If Telomolecular does not notify Stanford in writing that it desires to jointly prosecute the suit within 15 days after the date of the notice, Telomolecular will assign and hereby does assign to Stanford all rights, causes of action. and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and will retain the entire amount of any recovery or settlement.
Stanford Suit. If either 14.4 or 14.5 apply, Stanford has the right to institute suit, and may name RUGA as a party for standing purposes. If Stanford decides to institute suit, it will notify RUGA in writing. RUGA will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and will retain the entire amount of any recovery or settlement.
Stanford Suit. If Graphite does not initiate an enforcement action within [***] of a request by Stanford to do so or Graphite does not elect to control a declaratory judgment action within [***] of receiving notice that such action has been filed, Stanford has the right to institute and prosecute a suit or defend any declaratory judgment action, and may name Graphite as a party if required for standing purposes. If Stanford decides to institute suit, it will notify Graphite in writing Prior to deciding whether to institute suit, Stanford shall meet with Graphite and consider in good faith Graphite’s comments regarding whether or not to institute a suit. If Graphite does not notify Stanford in writing that it desires to jointly prosecute the suit within [***] after the date of the notice, Graphite will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation and will retain the entire amount of any recovery or settlement.
Stanford Suit. (A) If neither Section 14.4 nor 14.5 apply, Stanford can institute suit, and may name BioTrove as a party for standing purposes. If Stanford decides to institute suit, it will notify BioTrove in writing. If BioTrove does not notify Stanford in writing that it desires to jointly prosecute the suit within fifteen (15) days after the date of the notice, BioTrove will assign and hereby does assign to Stanford all rights, causes of action, and damages resulting from the alleged infringement. Stanford will bear the entire cost of the litigation including expenses and counsel fees incurred by BioTrove and will retain the entire amount of any recovery or settlement. S00-099:MMM Exclusive Agreement 5/26/2004 14.7 Recovery. If BioTrove sues under Section 14.4, then any recovery in excess of any unrecovered litigation costs and fees will be shared with Stanford as follows:
(A) Any payment for past sales will be deemed Net Sales, and BioTrove will pay Stanford royalties at the rates specified in Section 8.3;
(B) Any payment for future sales will be deemed Net Sales, and royalties will be paid in accordance with Section 14.4.
(C) BioTrove and Stanford will negotiate in good faith appropriate compensation to Stanford for any non-cash settlement or non-cash cross-license on the lines as specified above.
