Examples of Infringement Actions in a sentence
Notwithstanding anything contained in this Section 11.3, the provisions of Section 9.5 shall govern the defense of any Infringement Actions.
If a third party challenges the validity of the Licensed Patent Rights in a declaratory relief action or proceeding, in an opposition action, in an interference action or proceeding or other than in connection with a suit or proceeding described in Section 8.6 (Infringement Actions), Licensee and TSRI shall confer regarding the need and desirability of defending such challenge, and each party may apply its own business judgment as to whether to defend any litigation applicable to the challenge.
GRABOWSKA-MOROZ, EU Values Are Law, after All: Enforcing EU Values through Systemic Infringement Actions by the European Commission and the Member States of the European Union, in Yearbook of European Law, 2021 (forthcoming).
Notwithstanding anything contained in the foregoing to the contrary, the provisions of Section 9.4 shall govern the defense of any Infringement Actions.
Should Licensee exercise this right, Licensor shall agree, as necessary, to be joined as a party to, and shall otherwise cooperate with, such Infringement Actions; provided, that Licensee shall reimburse Licensor’s reasonable costs in connection with such joining or cooperation.
For clarity, such expenses shall not include any expenses of Licensor incurred by Licensor in connection with (i) Licensor’s review and comment on such Infringement Action, which opportunity Licensee offers Licensor as a courtesy, (ii) any Infringement Actions undertaken by Licensor, or (iii) in connection with any actions undertaken by Licensor other than at Licensee’s request.
If the manufacture, use, sale, offer for sale or importation of any Compound or any Product pursuant to this Agreement results in a claim, suit or proceeding alleging patent infringement against XenoPort or Xanodyne (or, to the extent applicable, their respective Affiliates or licensees) (collectively, "Product Infringement Actions"), such Party shall promptly notify the other Party hereto in writing.
For purposes of Section 11, the Party that defends the Infringement Claim and/or Infringement Actions (as defined below in Section 11.3.2(b)) shall be referred to as the “Controlling Party”.
Cynosure shall keep El En informed on a current basis of the status and progress of any such Trademark Infringement Actions, including by promptly providing El En with copies of any and all pleadings as they become available to Cynosure or its counsel.
Indivior shall have the first right, but not the obligation, to institute and prosecute Indivior Infringement Actions, including the right to settle such Indivior Infringement Actions pursuant to Section 11.3.2(d).