Infringement Response definition
Examples of Infringement Response in a sentence
Upon the reasonable request of the Party instituting that Infringement Response, the other Party shall join such Infringement Response and shall be represented using counsel of its own choice, at the requesting Party’s expense.
All costs, including, without limitation, attorneys’ fees, relating to such Infringement Response shall be borne solely by Biogen.
In the event Biogen directs Kiniksa to pursue an Infringement Response, Kiniksa shall (i) to the extent it is not prohibited from doing so, join Biogen as a plaintiff in such Infringement action, (ii) keep Biogen fully informed about such Infringement Response and (iii) take any actions that may be reasonably requested by Biogen with respect to that Infringement Response.
All costs, including, without limitation, attorneys’ fees, relating to such Infringement Response shall be borne solely by Kiniksa.
Notwithstanding the foregoing, Biogen may not compel Kiniksa to pursue an Infringement Response if Kiniksa reasonably determines that (a) such action would reasonably be expected to result in an action or proceeding seeking to invalidate any Acquired Patent Rights or declare any of the Acquired Patent Rights unenforceable or not infringed, and (b) the ability of Kiniksa to prevail in such invalidity, unenforceability or non-infringement action is uncertain.
In any Infringement Response instituted under this Section 4.2, the Parties shall cooperate with and assist each other in all reasonable respects.
Each Party shall have the right to participate and be represented by counsel that it selects, in any Infringement Response (other than to an Excepted Infringement) instituted or continued under Section 11.2.1(a)(ii) or (iii) by the other Party.
In such case NOVODX shall execute all instruments reasonably requested by CARING in order for CARING to assume and manage the prosecution of the Infringement Response to a Joint Patent.
CARING shall provide all reasonable cooperation to NOVODX in connection with any such Infringement Response that is being managed by NOVODX.
For clarity, the settlement of an Infringement Response for a Joint Patent may involve entering a (sub)licensing agreement, which sublicensing agreement requires NOVODX’ prior approval.