Common use of University Right to Prosecute Clause in Contracts

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.