Declaratory Judgment Action. In the event a third party brings an action to obtain a declaration of patent invalidity against Licensor and one or more Licensed Patents, Licensor shall have the sole right to defend such action at its own cost and expense, and to control any ensuing litigation. ** REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Appears in 3 contracts
Sources: Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.), Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.), Exclusive Patent License Agreement (Biomimetic Therapeutics, Inc.)