Examples of Infringement in a sentence
Each Party shall notify the other Party in writing of any threatened or actual infringement, misuse, or misappropriation by any Third Party of any Joint Technology (including any Joint Patent), or any declaratory judgment action relating thereto (“Infringement”), promptly after becoming aware of any such Infringement.
The Parties will promptly meet, discuss and agree, in light of the circumstances of such Infringement, which Party should take the lead or whether the Parties should jointly lead in initiating legal action to enforce any Joint Patents against infringement, and to protect any Know-How within Joint Technology from misappropriation, or to defend any declaratory judgment action relating thereto.
Any damages recovered from a Third Party in an Infringement action shall be first allocated to reimburse the Parties for their costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses), [***].
Infringement of patent rights, copyrights, or other proprietary rights in the performance of this Agreement, if not the basis for indemnification under the law, shall nevertheless be considered a material breach of contract.