Infringement Litigation definition
Examples of Infringement Litigation in a sentence
Any Party may disclose the fact that the Infringement Litigation has been settled.
Within two (2) business days of MiniMed’s receipt of the Payment (defined below), the Plaintiffs and Insulet shall file a joint motion to dismiss all claims and counterclaims in the Infringement Litigation with prejudice.
Subject to Section 6.4.2(b), COMPANY shall have sole and exclusive control over all decisions in any such US Commercial Infringement Litigation except that COMPANY shall give good faith consideration to the views of M.I.T. and ▇▇▇▇▇▇▇▇▇ concerning the selection of counsel for any US Commercial Infringement Litigation or any settlement of any US Commercial Infringement Litigation.
The Seller Entities agree to, and Parent shall cause its Affiliates to, reasonably cooperate with Buyer in connection with Infringement Litigation and to make available such records and information, and such officers and employees, during normal business hours, as Buyer may reasonably request as necessary to assist with Infringement Litigation.
Thereafter, COMPANY shall obtain the consent of the Conflicted Party to settle the US Commercial Infringement Litigation, which consent shall not be unreasonably withheld.
Alnylam shall have control over all decisions in, and any settlement of, any such US Commercial Infringement Litigation, provided that UMass shall have a right of prior approval over significant litigation decisions concerning, and settlement of, any non-patent claims or non-patent counterclaims to the extent they affect the interests of the Commonwealth of Massachusetts, such approval not to be unreasonably withheld or delayed.
The Seller Entities acknowledge and agree that Buyer has a material interest in Infringement Litigation and that its outcome may impact the value of the assets and ongoing business being acquired by Buyer.
Transgenomic may recover Infringement Litigation Costs from Power3 to the extent of all royalties and milestone previously paid under this and Agreement and may recoup any excess amount of Infringement Litigation Costs from future royalties and milestones due to Power3.
If additional Infringement Litigation Costs are incurred in the next year, the formula set forth above shall be applicable to such costs; provided, however, the amount carried over from the preceding year shall not be included in the determination of the OSI Share for such year.
In exercising such rights set forth above in this Section 11.11(b), Buyer shall use commercially reasonable efforts to (1) defend the Infringement Litigation, and (2) assert such defenses, cross-complaints, counterclaims and/or patent reexaminations as Buyer determines are appropriate in its reasonable discretion.