Patents and Infringement. SUPPLIER shall: (1) prosecute diligently each application for United States and Canadian patent which is now or hereafter pending covering any of the Products and on issuance diligently prosecute each infringer thereof; and (2) repurchase from DISTRIBUTOR, at a price equal to the full purchase price paid by DISTRIBUTOR, any Products in DISTRIBUTOR’s inventory which DISTRIBUTOR reasonably believes it should not or cannot sell, based on an opinion of DISTRIBUTOR’s counsel that future sales by DISTRIBUTOR may result in a claim of patent, trade name, trade dress, trademark, service ▇▇▇▇ or copyright infringement, or violation of any other proprietary right, or because of a decision, whether interlocutory or final, rendered in an action alleging any such infringement or violation.
Appears in 2 contracts
Sources: Distribution Agreement, Non Exclusive Distribution Agreement (Biovest International Inc)
Patents and Infringement. SUPPLIER shall: (1) shall prosecute diligently each application for United States and Canadian patent which is now or hereafter pending covering any some one or more of the Products and on issuance diligently prosecute each infringer thereof; and (2) . SUPPLIER shall repurchase from DISTRIBUTOR, at a price equal equivalent to the full purchase price paid by DISTRIBUTOR, any quantity of Products in DISTRIBUTOR’s 's inventory which DISTRIBUTOR reasonably believes it should not or cannot sell, based on an opinion of DISTRIBUTOR’s 's counsel that future sales by DISTRIBUTOR may result in a claim of patent, trade name, trade dress, trademark, service ▇▇▇▇ ▇, copyright or copyright trademark infringement, or violation of any other proprietary right, or because of a decision, whether interlocutory or final, rendered in an action alleging any such infringement or violation.
Appears in 2 contracts
Sources: Non Exclusive Distribution Agreement (Diasys Corp), Non Exclusive Distribution Agreement (Diasys Corp)