Intellectual Property Enforcement Clause Samples

Intellectual Property Enforcement. 9.1 Lonza hereby undertakes and agrees that at its own cost and expense it will: 9.1.1 prosecute or procure prosecution of such of the Patent Rights (Lonza) which are patent applications diligently so as to secure the best commercial advantage obtainable, as determined by Lonza in its commercially reasonable discretion, and will pursue, as determined by Lonza in its commercially reasonable discretion, all necessary actions against any Third Party that Lonza reasonably believes is infringing, misappropriating or violating any Lonza Intellectual Property Rights; and CONFIDENTIAL 9.1.2 pay or procure payment of all renewal fees in respect of the Patent Rights (Lonza) to ensure they are valid and subsisting for the full term thereof and in particular will procure such renewal of the registrations thereof as may be necessary from time to time so far as it is reasonable to do so with particular reference to commercial considerations. 9.2 Licensee shall use commercially reasonable efforts to promptly notify Lonza in writing if Licensee becomes aware of any claim that Licensee’s use of the Patent Rights (Lonza) and/or Know-How as permitted under this Agreement infringes or improperly or unlawfully uses the Patent Rights (Lonza) and/or Know-How. Licensee shall also use commercially reasonable efforts to promptly notify Lonza in writing if Licensee becomes aware of any infringement or improper or unlawful use of or of any challenge to the validity of the Patent Rights (Lonza) and/or Know-How. Lonza undertakes and agrees to take all such steps and proceedings and to do all other acts and things as may in Lonza’s sole discretion be necessary to defend any such claims, and to restrain any such infringement or improper or unlawful use or to defend such challenge to validity and Licensee shall permit Lonza to have the sole conduct of any such steps and proceedings including the right to settle them whether or not Licensee is a party to them. Licensee shall have the right at its own cost and for its own benefit to initiate, prosecute and control the enforcement of the Patent Rights (Lonza) against infringement by a Third Party in the Territory if all of the following conditions are fulfilled (a) the product manufactured through the infringing activity is a competing product to the Product, (b) Lonza has not granted rights to Third Parties which prevent Lonza from granting such a right to enforce to Licensee, and (c) Lonza does not initiate proceedings within [*] days of b...

Intellectual Property Enforcement. (a) In the event that either Party becomes aware of any infringement or potential infringement of any of the Licensed IP, Hansoh Patents or Joint Patents by a Third Party in the Territory, such Party shall promptly notify the other Party in writing, identifying the infringer or potential infringer and the infringement complained of and furnishing the information upon which such determination is based. Hansoh shall have the exclusive right to enforce Hansoh Patents in the Territory, and Viela shall have the right to enforce Hansoh Patents outside the Territory. Viela shall also have the right, but not the obligation, to ▇▇▇ such alleged infringers in the Territory in connection with the Licensed IP or Joint Patents. Viela shall consult with Hansoh prior to initiating any such infringement suit in the Territory to ensure that the intended course of action is not likely to adversely affect Hansoh’s Development and Commercialization of the Licensed Product within the Territory. In the event that Viela elects not to initiate a lawsuit or take other reasonable action with respect to an infringement described in this Section 12.4 of any Licensed Patents owned by Viela or Joint Patents in the Territory, or any Hansoh Patent or Joint Patent outside the Territory, Hansoh shall have the right, but not the obligation, to initiate such suit or take such other action, after providing [***] ([***]) [***] (or [***] ([***]) [***] in the event there is a time limit) notice to Viela and giving good faith consideration to Viela’s reason(s) for not initiating a suit or taking other action. (b) If one Party elects to bring suit or take action under this Section 12.4 against an infringement, then the other Party shall have the right, prior to commencement of the suit or action, to join any such suit or action. Each Party shall provide to the Party enforcing any such rights under this Section 12.4 reasonable assistance in such enforcement, at such enforcing Party’s request and expense, including joining such action as a party plaintiff if required by Applicable Law to pursue such action. The enforcing Party shall keep the other Party regularly informed of the status and progress of such enforcement efforts, shall reasonably consider the other Party’s comments on any such efforts, and shall consult the other Party in any important aspects of such enforcement, including determination of material litigation strategy and filing of important papers to the competent court. Neither Part...

Intellectual Property Enforcement. 9.1 Lonza hereby undertakes and agrees that at its own cost and expense it will pursue, as determined by Lonza in its commercially reasonable discretion, all necessary actions against any Third Party that Lonza reasonably believes is infringing, misappropriating or violating any Lonza Intellectual Property Rights. 9.2 Licensee shall promptly notify Lonza in writing of any infringement or improper or unlawful use of or of any challenge to the validity of the Licensed Know-How. Lonza undertakes and agrees to take all such steps and proceedings and to do all other acts and things as may in ▇▇▇▇▇’s sole discretion be necessary to restrain any such infringement or improper or unlawful use or to defend such challenge to validity and Licensee shall permit Lonza to have the sole conduct of any such steps and proceedings including the right to settle them whether or not Licensee is a party to them.

Intellectual Property Enforcement. Each party shall have the right, but not the obligation, to bring proceedings against any Third Party for the inappropriate use, including patent infringement, of Patent Rights solely Controlled by it, at its own risk and expense. If either party brings such an action, such party shall be entitled to control such action, hire and retain counsel, make decisions, settle on any terms, and retain any and all awards or damages obtained in any such proceeding. At the request and expense of either party, the other party shall give the requesting party all reasonable assistance required to file and conduct any such proceeding.

Intellectual Property Enforcement. Subject to the Third Party obligations of Senomyx, each party will have the right, but not the obligation, to bring proceedings against any Third Party for the inappropriate use, including patent infringement, of Patent Rights solely Controlled by it, at its own risk and expense. If either party brings such an action, such party will be entitled to control such action, hire and retain counsel, make decisions, settle on any terms, and retain any and all awards or damages obtained in any such proceeding. At the request and expense of either party, the other party will give the requesting party all reasonable assistance required to file and conduct any such proceeding.

Intellectual Property Enforcement. Lilly and Aurora shall have the right, but not the obligation, to bring proceedings against any Third Party for the inappropriate use, including patent infringement, of Technology or Patent Rights solely owned or Controlled by it, and at its own risk and expense. Such party shall be entitled to retain any and all awards or damages obtained in any such proceeding. At the request and expense of either party, the other party shall give the requesting party all reasonable assistance required to file and conduct any such proceeding. For jointly owned Technology or Patent Rights, Lilly and Aurora shall use their best efforts to coordinate pursuing a commercially reasonable action to address inappropriate use, including patent infringement, by Third Parties of such Technology and Patent Rights and to determine how expenses and any recovery from such action shall be allocated between the parties. Lilly, as a non-exclusive licensee, will make reasonable efforts to provide Aurora with any information known to Lilly relating to the suspected or actual inappropriate use, including patent infringement, of Aurora Technology and Aurora Patent Rights.

Intellectual Property Enforcement. The Recipient shall promptly notify the Minister if the Recipient becomes aware of any alleged infringement of Project Intellectual Property during the Term, along with the Recipient’s plan for enforcement of its Project Intellectual Property.

Intellectual Property Enforcement. The Parties agree that AoLunTe shall and shall cause the Joint Venture to provide Aura with all necessary assistance to enforce its IP rights with respect to the Licensed Technology in the PRC.

Intellectual Property Enforcement. 13.1 A Licensee must promptly notify Licensor with respect to any: (a) infringement of any Intellectual Property Rights subsisting with respect to the Licensed IP in the Territory; or (b) opposition or challenge to the validity of any Intellectual Property Rights relating to the Licensed IP in the Territory, that comes to the attention of such Licensee, and provide any information requested by FSD and which such Licensee has knowledge with respect to any such infringement, opposition, or challenge. 13.2 Licensor will, at its sole discretion and at the cost of the Licensor, take action against any third party in respect of any infringement of any Intellectual Property Rights subsisting with respect to the Licensed IP as may be commercially and legally reasonable. 13.3 If, upon a Licensee's notification to the Licensor of any infringement, opposition, or challenge concerning the Licensed IP, the Licensor declines to take action against the relevant third party, such Licensee reserves the right, at its own discretion and expense, to initiate action against any third party for any infringement of the Intellectual Property Rights associated with the Licensed IP, provided that such action is deemed commercially and legally reasonable. 13.4 Subject to section 12.5, nothing in this Agreement compels either party to institute or prosecute proceedings or take any other action in relation to any: (a) third party infringement of any Intellectual Property Rights subsisting with respect to the Licensed IP; (b) defend any opposition, claim or cross-claim asserting invalidity of any Intellectual Property Rights subsisting with respect to the Licensed IP. 13.5 Each Licensee must not agree to settle any litigation, opposition or challenge where such settlement will affect the rights of Licensor, without the prior written consent of Licensor.