Pursuing Party definition
Examples of Pursuing Party in a sentence
The Patent Owner agrees to render such reasonable assistance as the Pursuing Party may request.
In those circumstances, the other Party (i.e., the Pursuing Party) agrees to take into account the Patent Owner’s reasonable views and comments in the conduct of the proceedings and, subject to Section 11.3.8, the Patent Owner shall bear […***…] of the costs of such proceedings.
The Patent Owner agrees to render such reasonable assistance as the Pursuing Party may request, including joining as a party to the proceedings.
In those circumstances, the other Party (i.e., the Pursuing Party) agrees to take into account the Patent Owner’s reasonable views and comments in the conduct of the proceedings and, subject to Section 11.3.8, the Patent Owner shall bear [***] of the costs of such proceedings.
In respect of other parts of the proceedings, the Pursuing Party agrees to take into account the Commercializing Party’s reasonable views and comments.
Where the conduct of the action relates to matters relevant only to issues of infringement by the competing product and not the scope or validity of the Pursuing Party’s Patents, the Pursuing Party shall follow the Commercializing Party’s reasonable directions in the conduct of that part of the proceedings.
In those circumstances, the other Party (i.e., the Pursuing Party) agrees to take into account the Patent Owner’s reasonable views and comments in the conduct of the proceedings and, subject to Section 10.4.8, the Patent Owner shall bear fifty percent (50%) of the costs of such proceedings.
Additionally, for so long as one Party is a Pursuing Party under Article IX, the foregoing obligations of exclusivity shall apply to the other Party.
The Back-Out Party agrees that all information subject to review hereunder, including any agreement with a sublicensee of the Pursuing Party, is confidential and that the Back-Out Party shall cause its independent certified accountant to retain all such information in confidence pursuant to Section 11.2 of the Collaboration Agreement.
In the event that a Party Opts-Out with respect to a Collaboration Product or Unilateral Product, it shall, without any additional consideration, assign all of its right, title and interest in and to any Product Trademark with respect to such Collaboration Product to the Pursuing Party; provided, however, that each Party shall retain all of its right, title and interest in and to any Product Trademarks with respect to Dormant Products.