Common use of Action Against Third Parties Clause in Contracts

Action Against Third Parties. If the Parties fail to agree on a joint program of action with respect to Third Party Infringement of any ▇▇▇▇▇▇▇ Patent Rights, subject to this Section 8.3(b), ▇▇▇▇▇▇▇ will have the sole right to bring and control any legal action (including by initiating any lawsuit or other proceeding) as it reasonably determines appropriate in connection with the Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights, and if the action involves a Third Party’s sales of a Product in the Field, Company shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. With respect to any Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights that involves a Third Party’s sales of a Product in the Field, if ▇▇▇▇▇▇▇ fails to bring any legal action with respect to, or to terminate, such Third Party Infringement (i) within […***…] days following the notice of alleged infringement with respect to such ▇▇▇▇▇▇▇ Patent Rights, but in any event no less than […***…] days before the time limit, if any, set forth in the Applicable Laws for the filing of such actions, or (ii) solely with respect to a Paragraph IV Certification involving such ▇▇▇▇▇▇▇ Patent Rights, within the later of […***…] days following Company’s receipt of notice thereof and […***…] Business Days before the statutory deadline under Applicable Law, upon written agreement from all Other Licensee(s), not to be unreasonably withheld or delayed, Company shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and ▇▇▇▇▇▇▇ (and all Other Licensee(s)) shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.

Action Against Third Parties. If the Parties fail to agree on a joint program of action with respect to Third Party Infringement of any ▇▇▇▇▇▇▇ Patent Rights, subject to this Section 8.3(b), ▇▇▇▇▇▇▇ will have the sole right to bring and control any legal action (including by initiating any lawsuit or other proceeding) as it reasonably determines appropriate in connection with the Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights, and if the action involves a Third Party’s sales of a Product in the Field, Company shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. With respect to any Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights that involves a Third Party’s sales of a Product in the Field, if ▇▇▇▇▇▇▇ fails to bring any legal action with respect to, or to terminate, such Third Party Infringement (i) within […***…] days following the notice of alleged infringement with respect to such ▇▇▇▇▇▇▇ Patent Rights, but in any event no less than […***…] days before the time limit, if any, set forth in the Applicable Laws for the filing of such actions, or (ii) solely with respect to a Paragraph IV Certification involving such ▇▇▇▇▇▇▇ Patent Rights, within the later of […***…] days following Company’s receipt of notice thereof and […***…] Business Days before the statutory deadline under Applicable Law, upon written agreement from all Other Licensee(s), not to be unreasonably withheld or delayed, Company shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and ▇▇▇▇▇▇▇ (and all Other Licensee(s)) shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.