Common use of Other Defensive Litigation Clause in Contracts

Other Defensive Litigation. If a declaratory judgment action alleging invalidity, unenforceability or noninfringement of any of the Caltech Intellectual Property Rights is brought against Licensee and/or Caltech, Licensee may by notice request Caltech to take steps to defend such action. If Caltech does not defend such action, Licensee may upon notice to Caltech control the defense of such action. The party controlling the defense of such action shall bear all the costs thereof. Licensee may also undertake the defense of any interference, reexamination, opposition or similar procedure with respect to the Exclusively Licensed Patent Rights or Improvement Patent Rights, provided that Licensee bears all the costs thereof.