Third Party Infringement Suit. In the event that a Third Party sues Licensee alleging that Licensee’s, its Affiliates’ or its sublicensees’ making, having made, importing, exporting or using Licensed Compound or distributing, marketing, promoting, offering for sale or selling Licensed Product infringes or will infringe a claim of a Third Party patent that specifically covers the Licensed Compound or its manufacture, then Licensee may elect to defend such suit.
Appears in 4 contracts
Samples: Exclusive Patent and Know How License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.)
Third Party Infringement Suit. In the event that a Third Party sues Licensee alleging that Licensee’s's, its Affiliates’ ' or its sublicensees’ ' making, having made, importing, exporting or using Licensed Compound or distributing, marketing, promoting, offering for sale or selling Licensed Product infringes or will infringe a claim of a Third Party patent that specifically covers the Licensed Compound or its manufacture, then Licensee may elect to defend such suit.
Appears in 4 contracts
Samples: Exclusive Patent and Know How License Agreement, License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.)
Third Party Infringement Suit. In the event that If a Third Party third party sues Licensee or any of its Affiliates alleging that Licensee’s's, its Affiliates’ ' or its their sublicensees’ making' using, having made, importing, exporting or using Licensed Compound or distributing, marketing, promoting, offering for sale or selling Licensed Product Technology infringes or will infringe a claim of a Third Party patent that specifically covers the Licensed Compound or its manufacturethird party's patent, then Licensee may may, in its sole discretion, elect to defend such suit. Upon Licensee's request and in connection with Licensee's defense of any such third party infringement suit, Licensor shall provide reasonable assistance to Licensee for such defense at Licensee's sole cost.
Appears in 1 contract
Third Party Infringement Suit. In the event that a Third Party sues Licensee alleging that Licensee’s, its Affiliates’ or its sublicensees’ making, having made, importing, exporting or using Licensed Compound or Licensee Patent Rights or distributing, marketing, promoting, offering for sale or selling Licensed Product infringes or will infringe a claim of a Third Party patent that specifically covers the Licensed Compound or a Licensed Product or its manufacture, then Licensee may elect to defend such suit.
Appears in 1 contract
Samples: Patent and Know How License Agreement (Alto Neuroscience, Inc.)