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.
Appears in 14 contracts
Samples: Exclusive License Agreement (Generation Bio Co.), Exclusive License Agreement (Generation Bio Co.), Exclusive License Agreement (Axovant Sciences Ltd.)
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.
Appears in 4 contracts
Samples: Exclusive License Agreement (Anterios Inc), Exclusive License Agreement (Anterios Inc), Exclusive License Agreement (Igi Inc)
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.
Appears in 3 contracts
Samples: Exclusive License Agreement (Voyager Therapeutics, Inc.), Exclusive License Agreement (Voyager Therapeutics, Inc.), Exclusive License Agreement (Voyager Therapeutics, Inc.)
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.to
Appears in 3 contracts
Samples: Exclusive License Agreement (Rxi Pharmaceuticals Corp), Exclusive License Agreement (Cytrx Corp), Exclusive License Agreement (Rxi Pharmaceuticals Corp)
University Right to Prosecute. If In the event that Company fails to initiate an infringement action within a reasonable time after it first becomes aware of the basis for the such action, or to answer a declaratory judgment action within a reasonable time after the such action is filed, University may shall have the right to prosecute the such infringement or answer the such declaratory judgment action 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.
Appears in 2 contracts
Samples: Exclusive License Agreement (Signal Pharmaceuticals Inc), Exclusive License Agreement (Signal Pharmaceuticals Inc)
University Right to Prosecute. If In the event that ----------------------------- Company fails to initiate an infringement action within a reasonable time after it first becomes aware of the basis for the such action, or to answer a declaratory judgment action within a reasonable time after the such action is filed, University may shall have the right to prosecute the such infringement or answer the such declaratory judgment action 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.
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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 retained by 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.
Appears in 1 contract
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 A request for confidential treatment has been made with respect to portions of the following document that are marked with [*]. The redacted portions have been filed separately with the SEC. 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.
Appears in 1 contract