Examples of Product Infringement Action in a sentence
Company shall keep Newco reasonably informed of the progress of any such Competing Product Infringement Action controlled by Company.
With respect to any Product Infringement Action in the Territory, the Party subject to such Infringement Action shall have the right to direct and control the defense thereof at its own expense with counsel of its choice; provided, however, that the other Party may participate in the defense and/or settlement thereof at its own expense with counsel of its choice.
With respect to any Product Infringement Action related to any Compound or XenoPort Product in the Territory, the following provisions shall apply.
Newco shall cooperate fully with Company, including, either as required by law or at the request of Company, by joining as a nominal party and executing such documents as may reasonably be required for such Competing Product Infringement Action, all at the expense of Company.
The Party who is subject to any Product Infringement Action described in the foregoing sentence agrees: (a) [**]; and (b) [**] in such Product Infringement Action, [**]; in each case, [**].
Neither Merck nor Chimerix shall settle any such action or proceeding set forth in the foregoing clauses 7.5.2 or 7.5.3 with respect to the Relevant Chimerix Patent Claims in a Product Infringement Action, as applicable, without the prior written consent of the other Party, such consent not to be unreasonably withheld.
In such case, Merck and Chimerix shall consult and cooperate fully to determine a course of action, including but not limited to the commencement of legal action by Chimerix, to terminate any infringement of the Relevant Chimerix Patent Claims in such Product Infringement Action.
For the purposes of this Section 10.4, an "Infringement Action" shall mean, individually, either a Product Infringement Action or an Intermediate Infringement Action, as applicable, and collectively, Product Infringement Actions and Intermediate Infringement Actions.
Merck shall promptly inform Chimerix if it elects not to exercise such first right under Section 7.5.2 above, and Chimerix shall thereafter have the right to initiate and prosecute such Product Infringement Action or control the defense of such declaratory judgment action.
Each Party shall bear all of its own internal costs incurred in connection with its activities under this Section 6.5. If a Party commences a Product Infringement Action, it shall bear all external costs and expenses for such Action.