Common use of BOTH PARTIES' INTERESTS Clause in Contracts

BOTH PARTIES' INTERESTS. RCT recognizes that Orphan will make significant investment in commercializing LICENSED PRODUCTS, that Orphan has an interest in protecting its market share of the USE and SALE of LICENSED PRODUCTS in the United States, and that Orphan is licensing the LICENSED PATENTS, in part, to protect such market share. Orphan recognizes that RCT, as an assignee of the LICENSED PATENTS, has an interest in preventing infringement of the LICENSED PATENTS, collecting royalties on the manufacture, SALE, USE, or importation of products covered by the LICENSED PATENTS, and has the concern of not exposing the LICENSED PATENTS to a third party's charge of invalidity, where the nature or extent of infringement does not justify such risk. The parties agree to take into account each party's interest in formulating the response to infringement or threatened infringement of the LICENSED PATENTS.