Examples of Notice of Infringement in a sentence
Notwithstanding the foregoing, if Repare does not inform Ono that it intends to either initiate such an Infringement Action or grant adequate rights and licenses to such Third Party within [***] after Repare’s receipt of a notice of infringement pursuant to Section 14.3.1 (Notice of Infringement), then Ono will have the second right to initiate such Infringement Action, but solely with respect to any Ono Technology.
In such case, Regeneron shall use Commercially Reasonable Efforts to coordinate between Kiniksa and Neovii to ensure that Kiniksa’s rights under Section 10.11.1(a) (Notice of Infringement Claims) are preserved.
Kiniksa acknowledges that an Infringement Claim may also name Neovii or otherwise triggers certain rights of Neovii under the Neovii License Agreement (which rights are equivalent to the ones set forth in Section 10.11.1(a) (Notice of Infringement Claims)).
Notwithstanding the foregoing, if Ono does not inform Repare that it intends to either initiate such an Infringement Action or grant adequate rights and licenses to such Third Party within [***] after Ono’s receipt of a notice of infringement pursuant to Section 14.3.1 (Notice of Infringement), then Repare will have the second right to initiate such Infringement Action, but solely with respect to any Repare Technology.
If Company does not take action to enforce the Patent Rights against Infringement pursuant to Section 7.2 (Suit by Company), and has not commenced negotiations with the infringer for the discontinuance of said Infringement, then, within [***] after notification of the existence of an Infringement has been given to MIT pursuant to Section 7.1 (Notice of Infringement), MIT may elect to enforce the Patent Rights against such Infringement.
If [***] fails to initiate a suit or take other action to terminate such alleged infringement within [***] after the notice provided under Section 10.7.1 (Notice of Infringement) and [***], then [***] will have the second right, but not the obligation, to attempt to resolve such Third Party activity in the Territory by commercially appropriate steps at its own expense, including the filing of an infringement suit to enforce the [***] using counsel of its own choice.
The Optioned Patent Rights that have issued are subsisting, and, to the knowledge of Junshi, enforceable and valid.(b)No Notice of Infringement, Misappropriation or Invalidity.
If [***] fails to initiate a suit or take other action to terminate such alleged infringement within [***] after the notice provided under Section 10.7.1 (Notice of Infringement) and [***], then [***] shall have the second right, but not the obligation, to attempt to resolve such Third Party activity in the Territory by commercially appropriate steps at its own expense, including the filing of an infringement suit to enforce the Akebia Patents or Joint Patents using counsel of its own choice.
Upon expiration or termination of this Agreement Paragraphs 4 ("Payments and Taxes"), 5 ("Non-Infringement Warranty; Notice of Infringement"), 6 ("Limitation on Liability; Consequential Damages"), 7 ("Licenses"), 8 ("License Restrictions"), 9 ("Ownership"), 11 ("Confidential Information"), 12.6 ("Survival"), 13 ("Oversight Board; Arbitration") and 14 ("General Provisions") shall survive the expiration or earlier termination of this Agreement.
If Technologies declines to initiate or fails to initiate within 90 days after delivery of the Notice of Infringement a legal proceeding against such third party where such alleged infringement or misappropriation relates to Retained Technology or Improvements owned by Collagen and licensed to Technologies, then Collagen shall have the right to initiate a legal proceeding against such third party at its expense and retain any monetary recoveries or awards resulting therefrom.