Common use of Patents and Infringement Clause in Contracts

Patents and Infringement. 6.1 Included within the Research Contract will be the details of the costs and expenses related to the filing, prosecution and maintenance of United Slates and foreign patent applications with respect to the Licensed Technology and such responsibility to pay for these costs will not be transferred to MedQuest hereunder. MedQuest reserves the right to complete such protection mechanisms for the Licensed Technology as it may determine to be appropriate to protect the intellectual property rights of the Licensed Technology. 6.2 If it is believed in good faith that the Patent Rights or other intellectual property rights relating to the Licensed Technology are being infringed by a third party, the party to this Agreement first having knowledge of such infringement shall promptly notify the other in writing, which notice shall set forth the facts of such infringement in reasonable detail. Licensee shall have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the Patent Rights or other intellectual property tights. If Licensee fails to bring such action or proceedings within a period of three (3) months, after receiving written notice or otherwise having knowledge of such infringement, then MedQuest shall have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the Patent Rights or other intellectual property rights. Recovery of damages and costs in such suit shall be apportioned as follows: The party bringing the suit shall first recover an amount equal to two (2) times the cost and expense incurred by such party directly related to the prosecution of such action and the remainder shall be divided equally between MedQuest and Licensee.

Patents and Infringement. 6.1 7.1 Included within the Research Contract referred to in the Master License will be the details of the costs and expenses related to the filing, prosecution and maintenance of United Slates States and foreign patent applications with respect to the Licensed Technology and such responsibility to pay for these costs will not be transferred to MedQuest Sublicensee hereunder. MedQuest Sublicensee reserves the right to complete such protection mechanisms for the Licensed Technology as it may determine to be appropriate to protect the intellectual property rights of the Licensed Technology. 6.2 7.2 If it is believed in good faith that the Patent Rights or other intellectual property rights relating to the Licensed Technology are being infringed by a third party, the party to this Agreement first having knowledge of such infringement shall promptly notify the other in writing, which notice shall set forth the facts of such infringement in reasonable detail. Licensee shall have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the Patent Rights or other intellectual property tightsrights. If Licensee fails to bring such action or proceedings within a period of three (3) months, after receiving written notice or otherwise having knowledge of such infringement, then MedQuest Sublicensee shall have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the Patent Rights or other intellectual property rights. Recovery of damages and costs in such suit shall be apportioned as follows: The party bringing the suit shall first recover an amount equal to two (2) times the cost and expense incurred by such party directly related to the prosecution of such action and the remainder shall be divided equally between MedQuest and LicenseeHLI.