Common use of XXXXXXXXX Right to Prosecute Clause in Contracts

XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time (no sooner than [***] months) after COMPANY first becomes aware of the basis for such action in writing from XXXXXXXXX, XXXXXXXXX will have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to XXXXXXXXX.

Appears in 4 contracts

Samples: Patent License Agreement, Exclusive Patent License Agreement (Rubius Therapeutics, Inc.), Exclusive Patent License Agreement (Rubius Therapeutics, Inc.)

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XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time (no sooner than [***] months) after COMPANY first becomes aware of the basis for such action in writing from XXXXXXXXXaction, XXXXXXXXX will have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall will belong to XXXXXXXXX.

Appears in 1 contract

Samples: Exclusive Patent License Agreement (Verastem, Inc.)

XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time (no sooner than [***] months) after COMPANY first becomes aware of the basis for such action in writing from XXXXXXXXXaction, XXXXXXXXX will shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to XXXXXXXXX.

Appears in 1 contract

Samples: License Agreement (Proteostasis Therapeutics, Inc.)

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XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time (no sooner than [***] months) after COMPANY first becomes aware of the basis for such action in writing from XXXXXXXXXaction, XXXXXXXXX and M.I.T. will have the right, at its their sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall will belong to XXXXXXXXX.XXXXXXXXX and M.I.T.

Appears in 1 contract

Samples: Equity Issuance Agreement (Verastem, Inc.)

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