Third Party Patent Challenges Sample Clauses

Third Party Patent Challenges. The provisions of Section 7.4.2 (Product IP Infringement) shall additionally apply in the case of any objection, opposition or challenge, by a Third Party, to a Product Patent Right [***].

Third Party Patent Challenges. In the case of any objection, opposition or challenge by a Third Party to any [***] Patent Rights, ALEXION shall have the first right, but not the obligation, to defend such [***] Patent Rights against such Third Party, at ALEXION’s cost and expense, and the provisions of Section 9.4.2 shall apply as if such opposed, challenged or objected to [***] Patent Rights was an Infringed Patent. Objections, oppositions and challenges to a Patent Right under this Section include, for example, declaratory judgment proceedings, inter partes review proceedings, post grant review proceedings, patent interference proceedings, ex parte and inter partes reexamination proceedings, and patent opposition proceedings in a court, patent office or other administrative authority with competent jurisdiction in any country within the Territory.

Third Party Patent Challenges. Subject to Section 8.10 (Patent Challenges by Third Parties), the Parties agree that if a Third Party files a Third Party Patent Challenge in front of a patent office against any Patents that are Prosecuted and Maintained in accordance with this Section, the Parties shall defend such Patent in accordance with this Section, provided that if a Party requests assistance from the other Party with the defense, the Party that requests the assistance shall pay the cost and expenses incurred by the other Party for providing the requested assistance, which assistance shall not be unreasonably withheld, conditioned or delayed.

Third Party Patent Challenges. In the case of any objection, opposition or challenge by a Third Party to a Licensed Patent Right, DICERNA shall have the sole right, but not the obligation, to defend such Licensed Patent Right against such Third Party, at DICERNA’s cost and expense, and the provisions of Section 10.4.2(a) shall apply as if such opposed, challenged or objected to Licensed Patent Right were an Infringed Patent thereunder. In the case of any objection, opposition or challenge, by a Third Party, to a Product Patent Right, ALEXION shall have the sole right, but not the obligation, to defend such Product Patent Right against such Third Party, at ALEXION’s cost and expense, and the provisions of Section 10.4.2(b) shall apply as if such opposed, challenged or objected to Product Patent Right were an Infringed Patent thereunder. Objections, oppositions and challenges to a Patent Right under this Section include, for example, declaratory judgment proceedings, inter partes review proceedings, post grant review proceedings, patent interference proceedings, ex parte and inter partes reexamination proceedings, and patent opposition proceedings in a court, patent office or other administrative authority with competent jurisdiction in any country within the Territory.

Third Party Patent Challenges. (a) In the event of a PATENT CHALLENGE by a third party, other than as set forth in Section 7.3(b), below, MIT shall promptly notify COMPANY of the PATENT CHALLENGE and, at COMPANY’s request, so long as COMPANY is not in default of any obligations under this Agreement, MIT may defend the PATENT RIGHTS at COMPANY’s sole expense using counsel of COMPANY’s choosing, subject to MIT’s approval, which shall not be unreasonably refused. If COMPANY does not so request, MIT shall have the right, but not the obligation, to defend the PATENT RIGHTS at its own expense. If COMPANY declines to support the expense of defending the PATENT RIGHTS, or elects to discontinue such support, MIT shall have the right to immediately terminate this Agreement with respect to the PATENT RIGHTS that are the subject of the PATENT CHALLENGE. (b) In the event that a PATENT CHALLENGE is brought by a defendant in a suit brought by COMPANY against an alleged infringer, COMPANY shall have the first right to defend the PATENT RIGHTS, and shall hold MIT harmless from, and indemnify MIT against, any costs, expenses, or liability that MIT incurs in connection with such action. If COMPANY does not exercise this right, MIT may take over the sole defense of the action at its sole discretion and expense, and if so, (i) MIT shall have the right to immediately terminate this Agreement with respect to the PATENT RIGHT(S) that are the subject of the PATENT CHALLENGE and (ii) any recovery obtained with respect to the infringement of such PATENT RIGHTS shall belong to MIT.

Third Party Patent Challenges. (a) The Parties will promptly notify each other in the event that any Third Party files, or threatens to file a Patent Challenge against any Novartis Compound Patent or Joint Collaboration Patent; provided, for the avoidance of doubt, that Generate will not be required to notify Novartis of a Patent Challenge against a Generate Platform Patent. (b) As between the Parties, Novartis will have the first right, but not the obligation, to bring and control, at its cost and expense (but without limiting its right to seek indemnification, if applicable), any effort in defense of such a Patent Challenge against a Novartis Compound Patent or Joint Collaboration Patent within the scope of the license grant in Section 7.1(b). In the case where Novartis controls the defense of such Patent Challenge, (i) Novartis will keep Generate reasonably informed with respect to such Patent Challenge and reasonably consult with Generate in advance (to the extent practicable without impairing Novartis’ ability to timely respond to such Patent Challenge) as reasonably requested by Generate as permitted by Applicable Law and (ii) Generate will have the right, at its own cost and expense and by counsel of its choice, to be represented in (but not control) any such effort. If Novartis fails to take action to defend such Patent Challenge within [***] of the time limit for bringing such defense (or within such shorter period to the extent that a delay in bringing such defense would limit or compromise the outcome of such defense of such Patent Challenge), then Generate will have the right, but not the obligation, to bring and control any effort in defense of such Patent Challenge at its own cost and expense (but without limiting its right to seek indemnification, if applicable).