Common use of Enforcement of Rights in Joint Inventions Clause in Contracts

Enforcement of Rights in Joint Inventions. 14.6.1 In the event that either Party becomes aware of any actual or threatened infringement, misappropriation, or other unauthorized use (“Infringement”) of any patents or other intellectual property rights arising from the Joint Inventions (“Joint Rights”), such Party shall promptly notify the other Party, and the Parties shall confer in good faith regarding the most appropriate actions to be taken with respect to such Infringement. Both Parties shall use reasonable efforts to cooperate with each other to terminate such Infringement without litigation. 14.6.2 If one Party brings an enforcement action relating to the Joint Rights (the “Initiating Party”), the other Party (the “Non-Initiating Party”) shall have the right to participate in such action as a co-plaintiff. In any event, each Party hereby agrees to cooperate reasonably in any such effort, and the Parties shall reasonably cooperate to address new facts or circumstances that come to light during the course of any action relating to the Joint Rights which may affect the need for the Non-Initiating Party to participate in such action. The Initiating Party may not settle any action brought under this Section 14.6.2, or take any other action in the course thereof, that adversely affects the Non-Initiating Party’s interest in the Joint Rights without the written consent of the Non-Initiating Party, such consent not to be unreasonably withheld, conditioned, or delayed. 14.6.3 If both Parties participate in the action to enforce the Joint Rights (by joining as plaintiffs), the expenses and costs of any such action and any damages or monetary award shall be shared equally. Unless otherwise agreed, if only one Party brings the action to enforce the Joint Rights, the costs and expenses shall be borne solely by the Initiating Party and any damages or monetary award shall belong solely to the Initiating Party.