Potential Infringement definition
Examples of Potential Infringement in a sentence
The party that is not controlling an action under Section 10.1.2 shall execute all necessary and proper documents, take such actions as shall be appropriate to allow the other party to institute and prosecute such Potential Infringement actions and shall otherwise cooperate in the institution and prosecution of such actions (including, without limitation, consenting to being named as a party thereto).
During the Term, if either party learns of any potential infringement, unauthorized use or misappropriation, or claim of ownership by a Third Party with respect to the Licensed Intellectual Property in the Territory (each, a “Potential Infringement”), such party shall, within two (2) business days of learning of such Potential Infringement, notify the other party in writing and shall promptly provide such other party with available evidence of such Potential Infringement.
With regard to Potential Infringements, subject to Alpex’s rights under the Alpex Agreement, Licensee shall have the first right, but not the obligation, to attempt to resolve such alleged Potential Infringement at its own expense, including without limitation the filing of an infringement suit using counsel of its own choice.
Histogen shall have the exclusive right, but not the obligation, to attempt to resolve such alleged Potential Infringement (excluding any Potential Infringement relating to any Joint Patent or Joint Improvement) at its own expense, including without limitation the filing of an infringement suit using counsel of its own choice.
During the Term, if either party learns of any potential infringement, unauthorized use or misappropriation, or claim of ownership by a Third Party with respect to the Licensed Intellectual Property in connection with any Product in the Territory for the Field of Use (each, a “Potential Infringement”), such party shall promptly notify the other party in writing, and shall promptly provide such other party with available evidence, of such Potential Infringement.
With regard to Potential Infringements, subject to Alpex's rights under the Alpex Agreement, Licensee shall have the first right, but not the obligation, to attempt to resolve such alleged Potential Infringement at its own expense, including without limitation the filing of an infringement suit using counsel of its own choice.
Notwithstanding the foregoing, NDCHealth shall not take any action pursuant to this Section 2.9(d) unless and until it delivers to Arclight written advice of outside counsel that the Potential Infringement is reasonably likely to materially impair NDCHealth’s rights under this Agreement.
During the Term, if either party learns of any potential infringement, unauthorized use or misappropriation, or claim of ownership by a Third Party with respect to the Licensed Intellectual Property in the Territory (each, a "Potential Infringement"), such party shall, within two (2) business days of learning of such Potential Infringement, notify the other party in writing and shall promptly provide such other party with available evidence of such Potential Infringement.
Each party shall execute all necessary and proper documents, take such actions as shall be appropriate to allow the other party to institute and prosecute such Potential Infringement actions and shall otherwise cooperate in the institution and prosecution of such actions (including, without limitation, consenting to being named as a party thereto).
Arclight shall not settle any suits or actions in any manner relating to a Potential Infringement or any of the Licensed Items without the prior written consent of NDCHealth, which consent shall not be unreasonably withheld or delayed.