Common use of Third Party Infringement Claims Clause in Contracts

Third Party Infringement Claims. Each party shall promptly notify the other in writing of any allegation by a Third Party that the practice of the Inventions infringes or may infringe the intellectual property rights of such Third Party. A party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such party’s activities at its own expense and by counsel of its own choice. Neither party shall have the right to settle any patent infringement litigation under this Section 4.4 relating to the Joint Patents in a manner that diminishes the rights or interests of the other party without the consent of such other party (which shall not be unreasonably withheld).

Third Party Infringement Claims. Each party shall promptly notify the other in writing of any allegation by a Third Party that the practice of the Inventions Licensed Technology infringes or may infringe the intellectual property rights of such Third Party. A party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such party’s 's activities at its own expense and by counsel of its own choice. Neither party shall have the right to settle any patent infringement litigation under this Section 4.4 5.4 relating to the Joint Patents Licensed Technology in a manner that diminishes the rights or interests of the other party without the consent of such other party (which shall not be unreasonably withheld). Notwithstanding any other provision herein to the contrary, this Section 5.4 shall not apply to any Indemnified Claims (as defined below).

Third Party Infringement Claims. Each party shall promptly notify the other in writing of any allegation by a Third Party that the practice activity of either of the Inventions parties pursuant to this Agreement infringes or may infringe the intellectual property rights Intellectual Property Rights of such Third Party. A party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such party’s activities at its own expense and by counsel of its own choice. Neither party shall have the right to settle any patent infringement litigation under this Section 4.4 relating to the Joint Patents 10.3 in a manner that diminishes the rights or interests of the other party without the consent of such other party (which shall not be unreasonably withheld).

Third Party Infringement Claims. Each party shall promptly notify the other in writing of any allegation by a Third Party that the practice activity of either of the Inventions parties pursuant to this Agreement infringes or may infringe the intellectual property rights Intellectual Property Rights of such Third Party. A party shall have the sole right to control any defense of any such claim involving alleged infringement of Third Party rights by such party’s activities at its own expense and by counsel of its own choice. Neither party shall have the right to settle any patent infringement litigation under this Section 4.4 relating to the Joint Patents 9.3 in a manner that diminishes the rights or interests of the other party without the consent of such other party (which shall not be unreasonably withheld).