Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 5 contracts
Samples: License and Collaboration Agreement (Hutchison China MediTech LTD), License and Collaboration Agreement (Hutchison China MediTech LTD), License and Collaboration Agreement (Hutchison China MediTech LTD)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(spatent right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall will promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 5 contracts
Samples: License Agreement (Ironwood Pharmaceuticals Inc), License Agreement, License Agreement (Ironwood Pharmaceuticals Inc)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration HMPL-004 or the Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or misappropriate a Third Party’s trade secretsecret or has otherwise resulted in a claim in respect of product liability arising from or relating to HMPL-004 or a Product, the Party becoming aware of such allegation shall will promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 4 contracts
Samples: Joint Venture Agreement (Hutchison China MediTech LTD), Joint Venture Agreement (Hutchison China MediTech LTD), Joint Venture Agreement (Hutchison China MediTech LTD)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(spatent right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 3 contracts
Samples: Collaboration Agreement (Forest Laboratories Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of the Compound or a Collaboration Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim, and shall attempt to negotiate in good faith a resolution with respect thereto. If the Parties cannot settle such claim with such Third Parties within [***] after the receipt of the notice pursuant to this Section 11.6.1, then the following shall apply.
Appears in 2 contracts
Samples: License Agreement (Zenas BioPharma, Inc.), License Agreement (Zenas BioPharma, Inc.)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 2 contracts
Samples: Development and Licensing Agreement, Collaboration and License Agreement (Egalet Corp)
Third Party Claims - Course of Action. If any of the Development, Commercialization or Manufacture of a Collaboration Product manufacturing activities actually conducted or to be conducted under this Agreement is agreement become known to a Party hereto or are alleged by a Third Party to infringe a Third Party’s Patent Right(s) or 's Patent, misappropriate a Third Party’s 's trade secretsecret or violate a Third Party's trademark or other intellectual property, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 2 contracts
Samples: Development and Marketing Collaboration Agreement (Elan Corp PLC), Development and Marketing Collaboration Agreement (Biogen Inc)
Third Party Claims - Course of Action. If any of the Development, Commercialization or Manufacture of a Collaboration Product manufacturing activities actually conducted or to be conducted under this Agreement is become known to a Party or are alleged by a Third Party to infringe a Third Party’s Patent Right(s) or 's Patent, misappropriate a Third Party’s 's trade secretsecret or violate a Third Party's trademark or other intellectual property, the Party becoming aware of such allegation shall promptly notify the other Party thereofParty, in writing, reasonably detailing the claim.
Appears in 1 contract
Samples: Development and Marketing Collaboration Agreement (Icos Corp / De)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(spatent right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall will promptly notify the other Party thereof, in writing, reasonably detailing the claim. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
Appears in 1 contract
Third Party Claims - Course of Action. If the DevelopmentManufacture, Commercialization use, sale or Manufacture importation of a Collaboration Licensed Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or misappropriate a Third Party’s trade secret, the Party IAPL, upon becoming aware of such allegation allegation, shall promptly notify the other Party Inovio thereof, in writing, reasonably detailing the claim.
Appears in 1 contract
Third Party Claims - Course of Action. If the Development, Commercialization Manufacture, use, sale or Manufacture importation of a Collaboration Licensed Product under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 1 contract
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product or the use of any Product Trademark or Product Domain Name, in each case, under this Agreement is alleged by a Third Party to infringe a Third Party’s Patent Right(s) or Trademark rights or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall will promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 1 contract
Samples: Collaboration Agreement (Ironwood Pharmaceuticals Inc)
Third Party Claims - Course of Action. If the Development, Commercialization or Manufacture of a Collaboration Product Product, under this Agreement Agreement, is alleged by a Third Party to infringe a Third Party’s Patent Right(s) patent or misappropriate a Third Party’s trade secret, the Party becoming aware of such allegation shall promptly notify the other Party thereof, in writing, reasonably detailing the claim.
Appears in 1 contract