Common use of Patent Prosecution and Infringement Clause in Contracts

Patent Prosecution and Infringement. 7.1. Licensee shall, in the name of UKRF, apply for, seek prompt issuance of, and maintain during the term of this Agreement any Patent Rights in the United States and in foreign countries. The prosecution, filing and maintenance of all patents shall be the primary responsibility of Licensee, who shall consult with UKRF concerning the foregoing and provide copies of pertinent filings to UKRF. 7.2. Payment of all fees and costs relating to the filing, prosecution and maintenance of all patents shall be the responsibility of Licensee. 7.3.1. If at any time during the term of this Agreement, Licensee furnishes to UKRF reasonably convincing written evidence of an infringement of a patent included in the Patent Rights which adversely and substantially affects the commercial operations of Licensee under the license granted hereunder,and UKRF shall within three (3) months after receipt of such evidence fail to cause such infringement to terminate or to bring a suit or action to compel termination, then payment of royalties under Section 5 hereof shall be waived so long as such infringement continues; provided, however, that such royalties shall not be so waived so long as at least one suit or action is being prosecuted by UKRF for infringement of such patent. 7.3.2. If after said three (3) months, UKRF fails to cause such infringement to terminate or to bring a suit or action to compel termination, Licensee shall have the right, but not the obligation, to bring such suit or action to compel termination and shall have the right for such purpose to join UKRF as a party plaintiff at Licensee's expense. UKRF independently shall have the right to join any such suit or action brought by Licensee and, in such event, shall pay one-half of the cost of such suit or action from the date of joining. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the consent of UKRF, which consent shall not unreasonably be withheld. Any damages recovered by such suit or action shall be first used to reimburse each party hereto for the cost of such suit or action (including attorney's fees) actually paid by each party hereto as the case may be, then to reimburse UKRF for any royalties waived under this Section 7.3 and the residue, if any, shall be divided equally between the parties hereto. 7.4. In the event that a declaratory judgment action alleging invalidity or noninfringement of any of the Patent Rights shall be brought against Licensee, UKRF, at its sole option, shall have the right, within thirty (30) days after commencement of such action, to intervene and take over the sole defense of the action at its own expense. 7.5. In any infringement suit as either party may institute to enforce the Patent Rights pursuant to this Agreement, the other party hereto shall, at the request and expense of the party initiating such suit, cooperate in all respects and, to the extent possible, have its employees testify when requested and make available relevant records, papers, information, samples and the like.

Patent Prosecution and Infringement. 7.1. Licensee shall, in the name of UKRF, apply for, seek prompt issuance of, and maintain during the term of this Agreement any Patent Rights in the United States and in foreign countries. The prosecution, filing and maintenance of all patents shall be the primary responsibility of Licensee, who shall consult with UKRF concerning the foregoing and provide copies of pertinent filings to UKRF. 7.2. 6.1 Payment of all fees and costs relating to the filing, prosecution and maintenance of all patents the Patent Rights after the date of this Agreement shall be the responsibility of Licensee.ODI 7.3.1. (a) If at any time during the term of this Agreement, Licensee ODI furnishes to UKRF REI reasonably convincing written evidence of an infringement infringement, whether direct or indirect, of a patent included in the Patent Rights which adversely and substantially affects eliminates the commercial operations viability of Licensee sales of Licensed Products under the license granted hereunder,, and UKRF REI shall within three (3) months after receipt of such evidence fail to cause such infringement to terminate or to bring a suit or action to compel termination, then payment of royalties due under Section 5 ARTICLE IV hereof shall be waived so long as such infringement continues; provided, however, that such royalties shall not be so waived so long as at least one suit or action is being prosecuted by UKRF REI for infringement of such patenta patent covering the Invention. 7.3.2. (b) If after said three (3) months, UKRF REI fails to cause such infringement to terminate or to bring a suit or action to compel termination, Licensee ODI shall have the right, but not the obligation, to bring such suit or action to compel termination and shall have the right for such purpose to join UKRF REI as a party plaintiff at Licensee's ODI’s expense. UKRF REI independently shall have the right to join any such suit or action brought by Licensee 01)I and, in such event, shall pay one-half of the cost of such suit or action from the date of joining. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the consent of UKRFODI, which consent shall not unreasonably be withheld. Any damages recovered by such suit or action shall be first used to reimburse each party hereto for the cost of such suit or action (including attorney's fees’s fees and costs) actually paid by each party hereto as the case may be, then to reimburse UKRF REI for any royalties and minimum royalties waived under this Section 7.3 6.2 and the residue, if any, shall be divided equally between the parties hereto. 7.4. In the event that a declaratory judgment action alleging invalidity or noninfringement of any of the Patent Rights shall be brought against Licensee, UKRF, at its sole option, shall have the right, within thirty (30) days after commencement of such action, to intervene and take over the sole defense of the action at its own expense. 7.5. 6.2 In any infringement suit as that either party may institute to enforce the Patent Rights pursuant to this Agreement, the other party hereto shall, at the request and expense of the party initiating such suit, cooperate in all respects and, to the extent possible, have its employees officers, employees, and agents testify when requested and make available relevant records, papersdocuments, information, samples and the like.