Willful Infringement Clause Samples
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Willful Infringement. In the event that Given notifies Zarlink of any claim, demand or proceeding for willful infringement of third party intellectual property rights subject to Zarlink’s indemnification of Given under Section 10.2(a), Zarlink may by written notice to Given stop manufacturing any Production Circuits subject to such claim, demand or proceeding, unless Given agrees in its sole discretion and in writing to fully indemnify Zarlink for any and all damages resulting from such claim, demand or proceeding, including without limitation, any indirect, special, incidental or consequential damages resulting from any such willful infringement or claim thereof; provided, however, that unless and until Given agrees to provide such an indemnity, Zarlink shall use commercially reasonable efforts to as promptly as possible (i) replace such Production Circuits with non-infringing ones that are substantially equal, or modify the Circuits to be non-infringing, or (ii) obtain a license for Given to continue to use or sell such Production Circuits; provided, further, however, that any such replacement or modified Circuits shall meet all the requirements and be subject to all the provisions of this Sale Contract, and that such replacements or modifications or license shall not modify or relieve Zarlink of any of its obligations under this Agreement. If Zarlink stops manufacturing Production Circuits pursuant to this Section 10.4 and does not provide replacement or modified Circuits within * * *, this Agreement may be terminated by either party upon written notice to the other party.
Willful Infringement. You acknowledge and represent that you are fully aware of the intellectual property rights of WRB in and to each element of intellectual property it owns, including (but not necessarily limited to) each Trademark. As such, you acknowledge and agree that if you are found to have infringed upon the intellectual property rights of WRB on or after the date you signed this License, your action was committed knowingly and willfully. In the event you infringe upon the intellectual property rights of WRB, you agree that, in addition to all other rights and things which WRB would or may otherwise be entitled, WRB shall be entitled to receive, and you agree to be held liable to and pay WRB for, the maximum penalties allowed by law and equity for intellectual property infringement including (but not necessarily limited to) attorneys' fees, court costs, actual and trebled damages, and injunctive relief.
Willful Infringement. Alvotech is on notice of each of the patents and acts of infringement set forth in Counts I-CXXII. It has nonetheless expressed its intention to begin commercial marketing without awaiting a judicial decision on infringement or validity. Alvotech’s infringement under each of the above counts is willful under 35 U.S.C. § 284. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor against Defendant and grant the following relief: