Suit for Infringement. Licensor shall not be obligated to institute a lawsuit against any apparent infringer. If, however, Licensor commences such a lawsuit, Licensor shall be solely responsible for the expenses of such lawsuit and shall retain all proceeds form such lawsuit.
Suit for Infringement. Company shall not be obligated to institute --------------------- a lawsuit against any apparent infringer. If, however, Company commences such a lawsuit, Developer, upon Company's request and at Company's expense shall provide all reasonable assistance with respect to such a lawsuit, including making Developer's employees and agents available to testify on Company's behalf. Unless Developer and Company otherwise agree. Company shall be solely responsible for the expenses of such litigation and with any recovery obtained therefrom shall first be fully reimbursed for such expenses. Ninety-seven-and-a-half (97.5) percent of the remainder of any such recovery shall belong to Company and two-and-a-half (2.5) percent to Developer.
Suit for Infringement. (a) During the Term of this Agreement, Arena shall be responsible for enforcement of the Arena Patent Rights including, but not limited to, the bringing of an action for patent infringement, selection of the forum for such action, and counsel, settlement of any such action, and the costs devoted to such action. TaiGen agrees to provide reasonable assistance except for financial assistance to Arena in the enforcement of Arena Patent Rights and TaiGen may join such action as initiated by Arena with counsel at its own expense and seek its own damages and other relief. If, within ninety (90) days of TaiGen's giving notice to Arena of a Third Party infringement in the Territory, Arena fails to institute the infringement suit that TaiGen reasonably feels is required, TaiGen may institute such infringement proceedings against said Third Party at its expense and TaiGen shall have the right to receive all the amounts payable by said Third Party as a result of such proceedings.
Suit for Infringement. 9.3.1 LICENSEE shall have the first right to enforce the PATENT RIGHTS against any infringement or alleged infringement thereof, and shall at all times keep JHU informed as to the status thereof. This right to xxx for infringement shall not be used in an arbitrary or capricious manner. Before LICENSEE commences an action with respect to any infringement of such patents, LICENSEE shall give careful consideration to the views of JHU and to potential effects on the public interest in making its decision whether or not to xxx. Thereafter, LICENSEE may, at its own expense, institute suit against any such infringer or alleged infringer and control and defend such suit in a manner consistent with the terms and provisions hereof.
Suit for Infringement. (a) During the term of this Agreement, Arena shall be responsible for enforcement of the Arena Patent Rights including, but not limited to, the bringing of an action for patent infringement, selection of the forum for such action, and counsel, settlement of any such action, and the costs devoted to such action. Fujisawa agree to provide reasonable assistance except for financial assistance to Arena in the enforcement of Arena Patent Rights and Fujisawa may join such action as initiated by Arena with counsel at its own expense and seek its own damages and other relief. If within ninety (90) days of Fujisawa's giving notice to Arena of a Third Party infringement in the Territory Arena fails to institute the infringement suit that Fujisawa reasonably feels is required, Fujisawa may institute such infringement proceedings against said Third Party at its expense and Fujisawa shall have the right to receive all the amounts payable by said Third Party as a result of such proceedings. And in such case, Fujisawa shall also have the right at any time thereafter to cease paying royalties on *********************of the Royalty Payment of Drug Product so long as infringement exists in the Territory.
Suit for Infringement. 35 ARTICLE XVI REPRESENTATION AND WARRANTIES 36 16.1
Suit for Infringement. (a) During the term of this Agreement, Arena shall be responsible for enforcement of the Arena Patent Rights including, but not limited to, the bringing of an action for patent infringement, selection of the forum for such action, and counsel, settlement of any such action, and the costs devoted to such action. Lilly agrees to provide reasonable assistance (except for financial assistance) to Arena in the enforcement of Arena Patent Rights. Lilly may join such action as initiated by Arena with counsel at Lilly's own expense and seek its own damages and other relief where such infringement may affect Lilly's rights under this Agreement. If, within ninety (90) days of Lilly's giving notice to Arena of a Third Party infringement in the Territory, Arena fails to institute the infringement suit that Lilly reasonably feels is required, Lilly may institute such infringement proceedings against said Third Party at Lilly's expense and Lilly shall have the right to receive all the amounts payable by said Third Party as a result of such proceedings.
Suit for Infringement. 9.3.1 LICENSEE shall have the first right to enforce the LICENSED PATENTS in the FIELD OF USE against any infringement or alleged infringement thereof, and shall at all times keep JHU informed as to the status thereof. This right to xxx for infringement shall not be used in an arbitrary or capricious manner. Before LICENSEE commences an action with respect to any infringement of such patents, LICENSEE shall give careful consideration to the views of JHU and to potential effects on the public interest in making its decision whether or not to xxx. Thereafter, LICENSEE may, at its own expense, institute suit against any such infringer or alleged infringer and control and defend such suit in a manner consistent with the terms and provisions hereof.
Suit for Infringement. 9.3.1 LICENSEE shall have the first right to enforce the PATENT RIGHTS against any infringement or alleged infringement thereof, and shall at all times keep JHU informed as to the status thereof. This right to xxx for infringement shall not be used in an arbitrary or capricious manner. Before LICENSEE commences an action with respect to any infringement of such patents, LICENSEE shall give careful consideration to the views of JHU and to potential effects on the public interest in making its decision whether or not to xxx. Thereafter, LICENSEE may, at its own expense and discretion, institute suit against any such infringer or alleged infringer and control and defend such suit in a manner consistent with the terms and provisions hereof. JHU agrees to be named as nominal third party plaintiff if necessary to the commencement of any such suit and to cooperate fully with LICENSEE in connection therewith.
Suit for Infringement. (a) During the term of this Agreement, Arena shall be responsible for enforcement of the Arena Patent Rights including, but not limited to, the bringing of an action for patent infringement, selection of the forum for such action, counsel, settlement of any such action, and the costs devoted to such action. ICI agrees to provide reasonable assistance, except for financial assistance to Arena, in the enforcement of Arena Patent Rights and ICI may join such action as initiated by Arena with counsel at its own expense and seek its own damages and other relief. If within ninety (90) days of ICI's giving Notice to Arena of a Third Party infringement in the Territory Arena fails to institute the infringement suit that ICI reasonably feels is required, ICI may institute such infringement proceedings against said Third Party at its own expense and ICI shall have the right to receive all the amounts payable by said Third Party as a result of such proceedings.
