Suits for Infringement by Others Sample Clauses

Suits for Infringement by Others. In the event any party becomes aware of any actual or threatened infringement in the Field of the Agritope Licensed Patents or the Agritope Licensed Know-How, or the Sunseeds Licensed Patents or Sunseeds Licensed Know-How, that party shall promptly notify STA and STA shall determine the most appropriate action to take. In the event STA does not take action against such alleged infringer within a reasonable period, not to exceed one hundred eighty (180) days, the owner of such patent rights or know-how shall be entitled to take action against the alleged infringer.
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Suits for Infringement by Others. In the event either party becomes aware of any actual or threatened infringement of any Licensed ECL Technology by any third party, that party shall promptly notify the other party, and the parties shall discuss the most appropriate action to take. BioVeris shall have the sole right to bring, at its own expense, an infringement action against the third party infringer and shall be entitled to keep any awards made in such proceeding. Newco may elect to appear as a party to the suit and shall, at BioVeris’ request, assist BioVeris without expense to BioVeris.
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Suits for Infringement by Others. In the event Baxter or Steritech becomes aware of any actual or threatened infringement the Steritech Licensed Patents or the Steritech Licensed Know-How, that party shall promptly notify the other and the parties shall discuss the most appropriate action to take. If the infringing product competes with a System in the Field, Baxter shall have the first right to bring, at its own expense, an infringement action against the third party infringer. If Baxter does not bring such action within six (6) months from date of notification, then Steritech may bring such action at its own expense. The party not conducting such suit shall assist the other party without expense to the party requesting assistance. The award in such suit shall first be used to pay the expenses of such suit and any balance shall be divided between the parties in proportion to the Revenue Sharing Payment. In the event the accused product is not in competition with a System in the Field, then
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Suits for Infringement by Others. In the event Baxter or Cerus becomes aware of any actual or threatened infringement of the Cerus Patents or the Cerus Know-How licensed hereunder, or the Baxter Patents or Baxter Know-How licensed hereunder, that party shall promptly notify the Management Board and the Management Board shall determine the most appropriate action to take. All expenses for pursuing such suit shall be subject to cost sharing. Any award in such suit shall be divided between the parties in proportion to the parties' relative combined cash contributions and Noncash Contributions to the product or process that is subject to the infringement. [ *** ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. In the event the accused product is not in competition with a System in the Field,
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Suits for Infringement by Others. In the event Baxter or UroGen becomes aware of any actual or threatened infringement by a third party of the UroGen Intellectual Property, that Party shall promptly notify the Management Board and the Management Board shall determine the most appropriate action to take. Baxter will cooperate with UroGen in pursuing or otherwise resolving each charge of infringement. UroGen will bear all costs and expenses of pursuing any claims of infringement, including attorneys fees in connection with any such suit. In the event that UroGen, for whatever reason, fails to pursue any actual or threatened infringement by a third party of the UroGen Intellectual Property, Baxter shall have the right (but not the obligation) to pursue such claims of infringement at UroGen's expense based on Xxxxxx'x Fully Loaded Cost therefor. Either Party shall have the right, in the event that it is not the Party controlling such infringement action, to participate at its own expense in any such suit with counsel of its own selection. Any award of damages or other recovery attributable to the infringement of the UroGen Intellectual Property shall be retained by UroGen. The Party controlling such suit for infringement shall not enter into any settlement that materially affects the other Party's rights or interests under this Agreement, the Distribution Agreement or otherwise without the other Party's prior written consent, which consent shall not be unreasonably withheld.
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Suits for Infringement by Others. In the event either Party becomes aware of any actual or threatened infringement of any intellectual property rights licensed under this Agreement by any third party, that Party shall promptly notify the other Party, and the Parties shall discuss the most appropriate action to take. ROCHE shall have the sole right to bring, at its own expense, an infringement action against the third party infringer and shall be entitled to keep any awards made in such proceeding. IGEN may elect to appear as a Party to the suit and shall, at Roche's request, assist Roche without expense to Roche.
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Suits for Infringement by Others. In the event Xxxxxx or Steritech becomes aware of any actual or threatened infringement of the Steritech Licensed Patents or the Steritech Licensed Know-How, or the Xxxxxx Licensed Patents or Xxxxxx Licensed Know-How, that party shall promptly notify the Management Board and the Management Board shall determine the most appropriate action to take. All expenses for pursuing such suit shall be subject to cost sharing. Any award in such suit shall be divided between the parties in proportion to the parties' relative combined cash contributions and Noncash Contributions to the product or process that is subject to the infringement. In the event the accused product is not in competition with a System in the Field,
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Suits for Infringement by Others. In the event Baxter or Cerus becomes aware of any actual or threatened infringement of the Cerus Patents or the Cerus Know-How licensed hereunder, or the Baxter Patents or Baxter Know-How licensed hereunder, that party shall promptly notify the Management Board and the Management Board shall determine the most appropriate action to take. All expenses for pursuing such suit shall be subject to cost sharing. Any award in such suit shall be divided between the parties in proportion to the parties' relative combined cash contributions and Noncash Contributions to the product or process that is subject to the infringement.
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Suits for Infringement by Others 
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Related to Suits for Infringement by Others

  • No Infringement by Third Parties To the Knowledge of the Company, no third party is misappropriating, infringing, diluting or violating any Intellectual Property owned or licensed by the Company, and no such claims have been brought against any third party by the Company.

  • Infringement by Third Parties Genetronics and Ethicon shall promptly notify the other in writing of any alleged or threatened infringement of any patent included in the Genetronics Patent Rights or the Joint Patent Rights of which they become aware. Both parties shall cooperate with each other to terminate such infringement without litigation. Genetronics shall have the right to bring and control any action or proceeding with respect to infringement of any patent included in the Genetronics Patent Rights, at its own expense and by counsel of its own choice, and Ethicon shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event any patent included in the Joint Patent Rights is infringed by a Third Party, the party responsible for prosecution and maintenance of the applicable Joint Patent Rights under Section 10.2(b) shall have the right to bring and control any action or proceeding with respect to such patent, and the other party shall have the right to be represented in any such action by counsel of its own choice, and the parties shall share equally in the expenses thereof. With respect to infringement of any patent included in the Genetronics Patent Rights, if Genetronics fails to bring an action or proceeding within (a) 90 days following the notice of alleged infringement or (b) 10 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, Ethicon shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Genetronics shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event a party brings an infringement action, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney. Neither party shall have the right to settle any patent infringement litigation under this Section 10.5 in a manner that diminishes the rights or interests of the other party without the consent of such other party. In the event Genetronics brings such action, any recovery realized as a result of such litigation, after reimbursement of any litigation expenses of Genetronics and Ethicon, shall belong to Genetronics.

  • Infringement by Third Party (a) Each party will promptly notify the other party of any infringement or possible infringement of any of the Patents or other Licensed Technology. Licensee shall have the right, but not the obligation, to prosecute such infringement at its own expense. In such event, UM shall cooperate with Licensee, at UM’s expense. Licensee shall not settle or compromise any such suit in a manner that imposes any obligations or restrictions on UM or grants any rights to the Licensed Technology which are inconsistent with the rights and obligations of Licensee or UM pursuant to this Agreement, without UM’s written consent.

  • No Notice of Infringement To the Knowledge of the Company, neither the Company nor any of its Subsidiaries has received notice from any third party that the operation of the business of the Company or any of its Subsidiaries or any act, product or service of the Company or any of its Subsidiaries, infringes or misappropriates the Intellectual Property of any third party or constitutes unfair competition or unfair trade practices under the laws of any jurisdiction.

  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

  • Breach of Provisions In the event that Executive shall breach any of the provisions of this Article V, or in the event that any such breach is threatened by Executive, in addition to and without limiting or waiving any other remedies available to the Company at law or in equity, the Company shall be entitled to immediate injunctive relief in any court, domestic or foreign, having the capacity to grant such relief, without the necessity of posting a bond, to restrain any such breach or threatened breach and to enforce the provisions of this Article V. Executive acknowledges and agrees that there is no adequate remedy at law for any such breach or threatened breach and, in the event that any action or proceeding is brought seeking injunctive relief, Executive shall not use as a defense thereto that there is an adequate remedy at law.

  • INFRINGEMENT AND PATENT ENFORCEMENT 11.1 PHS and Licensee agree to notify each other promptly of each infringement or possible infringement of the Licensed Patent Rights, as well as, any facts which may affect the validity, scope, or enforceability of the Licensed Patent Rights of which either party becomes aware.

  • No Liability for Invalidity The Warrant Agent shall have no liability with respect to any invalidity of this Agreement or any of the Warrant Certificates (except as to the Warrant Agent’s countersignature thereon).

  • No Infringement To the best of the Company's knowledge, the Company has not violated or infringed and is not currently violating or infringing, and the Company has not received any communications alleging that the Company (or any of its employees or consultants) has violated or infringed, any Intellectual Property of any other person or entity, to the extent that any such violation or infringement, either individually or together with all other such violations and infringements, would have a Material Adverse Effect.

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