Sublicensed Patents. Bayer acknowledges and agrees that, in accordance with the ReGenX Agreement: 10.7.4.1 Bayer understands and acknowledges that pursuant to the ReGenX Agreement, […***…] has the first right, but not the obligation, to prosecute any infringement of Sublicensed Patents at […***…]. In any action to enforce any of the Sublicensed Patents, […***…], at the request and expense of […***…], shall […***…], including in the event that, […***…]. 10.7.4.2 If […***…] elects not to pursue any infringement of a Sublicensed Patent and such Sublicensed Patent is being infringed by […***…], then as between […***…] shall have the first right […***…], but not obligation, to prosecute such […***…] with respect to such […***…], at […***…] expense. In any such action to enforce any of the Sublicensed Patents, […***…], at the request […***…], shall […***…], including in the event that […***…]. In prosecuting any such […***…]. 10.7.4.3 Any recovery of damages by […***…] for any infringement other than a […***…] shall be retained […***…]. Any recovery of damages by the Party undertaking enforcement or defense of a suit for […***…] shall be applied, as between […***…], first to reimburse each such Party for costs and expenses (including reasonable attorneys’ fees and costs) incurred by such Party in connection with such suit, and the balance remaining, if any, from any such recovery shall be, […***…]. 10.7.4.4 Bayer acknowledges and agrees that […***…] obligations under the ReGenX Agreement to enforce any Sublicensed Patents […***…], and that […***…] retain the […***…] right to […***…], all as set forth in the ReGenX Agreement and the Existing Licenses. Dimension will […***…] under the ReGenX Agreement if reasonably requested by Bayer.
Appears in 4 contracts
Samples: Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.), Collaboration and License Agreement (Dimension Therapeutics, Inc.), Collaboration and License Agreement (Dimension Therapeutics, Inc.)
Sublicensed Patents. Bayer acknowledges and agrees that, in accordance with the ReGenX Agreement:
10.7.4.1 Bayer understands and acknowledges that pursuant to the ReGenX Agreement, […***…] has the first right, but not the obligation, to prosecute any infringement of Sublicensed Patents at […***…]. In any action to enforce any of the Sublicensed Patents, […***…], at the request and expense of […***…], shall […***…], including in the event that, […***…].
10.7.4.2 If […***…] elects not to pursue any infringement of a Sublicensed Patent and such Sublicensed Patent is being infringed by […***…], then as between […***…] and [***], [***] shall have the first right […***…], but not obligation, to prosecute such […***…] with respect to such […***…], at […***…] expense. In any such action to enforce any of the Sublicensed Patents, […***…], at the request […***…], shall […***…], including in the event that that, […***…]. In prosecuting any such […***…].
10.7.4.3 Any recovery of damages by […***…] for any infringement other than a […***…] shall be retained […***…]. Any recovery of damages by the Party undertaking enforcement or defense of a suit for […***…] shall be applied, as between […***…], first to reimburse each such Party for costs and expenses (including reasonable attorneys’ fees and costs) incurred by such Party in connection with such suit, and the balance remaining, if any, from any such recovery shall be, […***…].
10.7.4.4 Bayer acknowledges and agrees that […***…] obligations under the ReGenX Agreement to enforce any Sublicensed Patents […***…], and that […***…] retain the […***…] right to […***…], all as set forth in the ReGenX Agreement and the Existing Licenses. Dimension will […***…] under the ReGenX Agreement if reasonably requested by Bayer.
Appears in 1 contract
Samples: Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.)
