University Right to Prosecute. If Company fails to initiate an infringement action within a reasonable time after it first becomes aware of the basis for the action, or to answer a declaratory judgment action within a reasonable time after the action is filed, University may prosecute the infringement or answer the declaratory judgment action under its sole control and at its sole expense, and any recovery obtained shall be given to University. If University takes action under this Subsection 6.4(d), University shall keep Company reasonably informed of material actions taken by University pursuant to the infringement or declaratory action.
University Right to Prosecute. UNIVERSITY will protect the PATENT RIGHTS from infringement and prosecute infringers when, in its sole judgment, such action may be reasonably necessary, proper and justified. If LICENSEE shall have supplied UNIVERSITY with reasonable written evidence demonstrating infringement of a PATENT RIGHT in the LICENSED FIELD by a third party, LICENSEE may by notice request UNIVERSITY to take steps to protect the PATENT RIGHT. UNIVERSITY, at its sole discretion and at its own expense, may initiate proceedings in response to alleged infringement but is under no obligation to do so. UNIVERSITY shall notify LICENSEE within sixty (60) days of the receipt of such notice whether UNIVERSITY intends to prosecute the alleged infringement. If UNIVERSITY notifies LICENSEE that it intends to so prosecute, UNIVERSITY shall, within three (3) months of its notice to LICENSEE either (i) cause such infringement to terminate, or (ii) initiate legal proceedings against the infringer.
University Right to Prosecute. Subject to Section 6.1 above, if a third party infringes or allegedly infringes any Patent Rights within the Field which University wishes to prosecute, University may, at University’s discretion, proceed against the infringer in the name of University or Licensee, and will notify Licensee of its determination in this regard within forty five (45) days of the end of the negotiation period set forth in Section 6.1 above. Licensee will cooperate in all reasonable respects with University and execute any documents and instruments necessary or appropriate for University to exercise its rights under this Section 6.2. Any actions by University pursuant to this clause shall be at University’s own expense. Recoveries collected by University shall be paid (i) first, to University in the amount of all reasonable out-of-pocket costs and expenses incurred by University in such action, (ii) then to Licensee to reimburse Licensee for its documented and reasonable out-of-pocket costs and expenses incurred in cooperating with University in such action as requested by University, (iii) the remainder, if any, shall be divided 60% to University and 40% to Licensee.
University Right to Prosecute. In the event that Company fails to initiate an infringement action with respect to Patent Rights within a reasonable time after it first becomes aware of the basis for such action, or to answer a declaratory judgment or other action within a reasonable time after such action is filed, University shall have the right to prosecute such infringement or answer such declaratory judgment action, under its sole control and its sole expense, and any recovery obtained shall be given to University.
University Right to Prosecute. If Company fails to initiate an infringement action within a reasonable time after it first becomes aware of the basis for the action, or to answer a declaratory judgment action within a reasonable time after the action is filed, and continues not to initiate an infringement action within sixty (60) days after written notice from University that University intends to exercise its rights under this paragraph, or gives University written notice of its intent not to initiate an infringement action, University may prosecute the infringement or answer the declaratory judgment action under its sole control and at its sole expense, and any recovery obtained shall be given to University. If University takes action under this Subsection 6.4(d), University shall keep Company reasonably informed of material actions taken by University pursuant to the infringement or declaratory action.
University Right to Prosecute. Subject to Section 6.1 above, if a third party infringes or allegedly infringes any copyright in the Licensed Software granted to Licensee pursuant to Schedule 5 (if any), University may, at University's discretion, proceed against the infringer in the name of University
University Right to Prosecute. In the event that Licensee does not within six (6) months (a) secure cessation of the infringement, or (b) enter suit against the infringer, or (c) provide University with evidence of the pendency of a bona fide negotiation for the acceptance by the infringer of a sublicense under the Patents, University shall thereafter have the right but not the obligation to convert Licensee's exclusive license hereunder to a non-exclusive license and/or to take action against the infringer at University's own expense. Licensee shall offer reasonable assistance to University in connection with any such action at no charge to University except for the reimbursement of reasonable out-of-pocket expenses. Any damages, profits, or awards of whatever nature recovered from any such action shall belong solely to University.
University Right to Prosecute. If Isis fails to initiate an infringement action within a reasonable time after it first becomes aware of the basis for the action, or to answer a declaratory judgment action within a reasonable time after the action is filed, University may prosecute the infringement or answer the declaratory judgment action under its sole control and at its sole expense, and any recovery obtained shall be given to University. If University takes action under this Subsection 6.4(d), University shall keep Isis reasonably informed of material actions taken by University pursuant to the infringement or declaratory action.
University Right to Prosecute. Subject to Section 6.1 above, if a third party infringes or allegedly infringes any Licensed Patents within the Licensed Field which University wishes to prosecute, University may, at University’s discretion, proceed against the infringer in the name of University and/or Licensee, and will notify Licensee of its determination in this regard within forty-five (45) days of the end of the negotiation period set forth in Section 6.1 above. Licensee will cooperate in all reasonable respects with University and execute any documents and instruments necessary or appropriate for University to exercise its rights under this Section 6.2. Any actions by University pursuant to this clause shall be at University’s own expense and Licensee shall inform University of all material developments in such proceedings, and shall provide University with all correspondence and pleadings related to any such action. Recoveries collected by University shall be paid (i) first, to University in the amount of all reasonable out-of-pocket costs and expenses incurred by University in such action, (ii) then to Licensee to reimburse Licensee for its documented and reasonable out-of-pocket costs and expenses incurred in cooperating with University in such action as requested by University, and (iii) the remainder, if any, shall be paid in proportion to each party’s legal expenses incurred in such enforcement action.
University Right to Prosecute. Subject to Section 6.1 above, if a third party infringes or allegedly infringes any copyright in the Licensed Software granted to Licensee pursuant to Schedule 5 (if any), University may, at University’s discretion, proceed against the infringer in the name of University University Agreement No.A03394 University Technology No. T96129 UTEK Corporation or Licensee, and will notify Licensee of its determination in this regard within forty five (45) days of the end of the negotiation period set forth in Section 6.1 above. Licensee will cooperate in all reasonable respects with University and execute any documents and instruments necessary or appropriate for University to exercise its rights under this Section 6.2. Any actions by University pursuant to this clause shall be at University’s own expense. Recoveries collected by University shall be paid (i) first, to University in the amount of all reasonable out of pocket costs and expenses incurred by University in such action, (ii) then to Licensee to reimburse Licensee for its documented and reasonable out of pocket costs and expenses incurred in cooperating with University in such action as requested by University, and (iii) the remainder, if any, shall be paid sixty percent (60%) to University and forty percent (40%) to Licensee.
