Examples of IP Litigation in a sentence
BioNumerik shall promptly advise ASTA Medica of any such Suit, and BioNumerik and ASTA Medica shall develop a joint strategy with respect to all such Suits and other third party intellectual property litigation regarding the Product(s) in the Territory ("Other IP Litigation").
The parties further agree that the Existing IP Litigation Matters will remain and be treated as Third Party Claims after the Effective Date.
Xxxxx Title: Associate General Counsel Title: Associate General Counsel U.S. IP Litigation U.S. IP Litigation By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: SVP Global Business Development By: /s/ Xxxxxx X.
Motorola agrees that the outside legal counsel currently retained by Freescale in the Existing IP Litigation Matters may continue to represent the interests of both Freescale and Motorola, subject to Motorola’s rights pursuant to Section 8.3(d)(ii) and Section 8.3(d)(iii) below.
Motorola further agrees that it will cooperate and assist Freescale in preserving and enforcing any third Person intellectual property indemnification protection rights available to Motorola in connection with the Existing IP Litigation Matters.
If any surplus remains it shall be divided equally between ASTA Medica and BioNumerik, provided that in the event that only one of the Parties is responsible for the prosecution of a Suit or Other IP Litigation, then the recoveries from such Suit shall be solely awarded or paid to such Party.
BioNumerik shall have the sole right to decide to accept or reject any settlement offer regarding the Suits or Other IP Litigation, provided that the acceptance of any such settlement that negatively affects ASTA Medica's rights hereunder or the ASTA Medica Patent Rights must be consented to by ASTA Medica, which consent will not be unreasonably withheld.
Notwithstanding anything to the contrary in the Intellectual Property License Agreement, Freescale agrees to indemnify Motorola for the Existing IP Litigation Matters pursuant to the terms of indemnification set forth below in Article 8 for any and all Damages incurred or suffered by Motorola whether such Damages arise or accrue prior to, on or following the Effective Date.
Freescale agrees that the Existing IP Litigation Matters constitute pre-existing Third Party Claims, as that term is defined below in Section 8.3(d)(i), which were initiated prior to the Effective Date and for which proper notice has been given, and Freescale hereby expressly assumes control of such Existing IP Litigation Matters pursuant to Section 8.3(d)(i) as the Indemnifying Party.
If AbbVie elects not to defend or control the defense of the AbbVie Patents or the Joint Patents in a suit brought in the Territory, or otherwise fails to initiate and maintain the defense of any such Deductible IP Litigation, then Ablynx may conduct and control the defense of any such Deductible IP Litigation, […***…]; provided, that Ablynx shall obtain the prior written consent of AbbVie prior to settling or compromising such Deductible IP Litigation.