ACI IP Rights and Program IP Rights. Genentech shall have at its own cost the first right, but not the obligation, to seek to ▇▇▇▇▇ any actual or suspected infringement of the ACI IP Rights, ACI Program IP Rights and ACI’s interest in the Joint Program IP Rights by a Third Party, or to file suit against any such Third Party. If Genentech does not commence an infringement action against the alleged or threatened infringement at least [*****] Business Days before the time limit, if any, set forth in appropriate laws and regulations for filing of such actions, then ACI may commence litigation with respect to the alleged or threatened infringement at its own expense; provided, that ACI shall not initiate such litigation if enforcement of such patent rights would have a material adverse effect on the development, commercialization, or commercial value of Licensed Products pursuant to this Agreement.
Appears in 2 contracts
Sources: Research Collaboration and License Agreement (AC Immune SA), Research Collaboration and License Agreement (AC Immune SA)