Prosecution of Infringement Action Sample Clauses

Prosecution of Infringement Action. In the event that ---------------------------------- Illumina or PEB becomes aware of actual or threatened infringement of a patent resulting from Collaboration Illumina Intellectual Property, Collaboration PEB Intellectual Property, or Collaboration Joint Intellectual Property, that Party will promptly notify the other Party in writing. Either owner of a patent resulting from the intellectual property will have the first right but not the obligation to bring, at its own expense, an infringement action against any third party and to use the other Party's name in connection therewith. If an owner of the patent does not commence a particular infringement action within 90 days, the other Party, after ____________________ [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. notifying the owner in writing, will be entitled to bring the infringement action at its own expense. The Party conducting the action will have full control over its conduct, including settlement thereof. But, no settlement of an action will be made without the prior written consent of the other Party if such settlement would adversely affect the rights of the other Party, such consent not to be unreasonably withheld or delayed. In any event, Illumina and PEB will assist one another and cooperate in any such litigation at the other's reasonable request without expense to the requesting Party, and, if a Party is necessary in order to institute or maintain an infringement suit by the other Party as defined by law, that Party will join such suit, represented by its own counsel.
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Prosecution of Infringement Action. Licensor shall have the first option in its discretion, to institute and prosecute lawsuits against third persons for infringement of the Trademarks. Licensor shall not be required to institute legal action if, in its sole and absolute discretion, the probability of success therein or results of successful litigation do not justify the time and expense thereof. In the event that Licensor determines in its sole and absolute discretion not to prosecute any such litigation within 45 days of receiving a written request from Licensee to commence such action, then in such event Licensee shall have the right, in its discretion, to institute and prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement only. Each party shall cooperate fully with each other in any proceeding to protect the Trademarks and copyrights and other intellectual property rights granted herein.
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Prosecution of Infringement Action. In the event that deCODE or ABG become aware of actual or threatened infringement of any Collaboration deCODE Intellectual Property, Collaboration ABG Intellectual Property, or Collaboration Joint Intellectual Property, that Party will promptly notify the other Party in writing. The owner the of the Intellectual Property Rights will have the first right but not the obligation to bring, at its own expense, an infringement action against the alleged infringer and to use the other Party's name in connection therewith. If the owner of the Intellectual Property Rights does not commence a particular infringement action within 90 days, the other Party, after notifying the owner in writing, will be entitled to bring the infringement action at its own expense. The Party conducting the action will have full control over its conduct, including settlement thereof. But, no settlement of an action will be made without the prior written consent of the other Party if such settlement would materially adversely affect the rights of the other Party, such
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Prosecution of Infringement Action. If it is believed in good faith that the PATENT RIGHTS are infringed by a third party as evidenced by a third party's manufacture, use or sale of a product, the party to this Agreement first having knowledge of such infringement will promptly notify the other party in writing, which notice will set forth the facts of such infringement in reasonable detail. LICENSEE will have the right, but not the obligation, to institute and prosecute at its own expense any such infringement of the PATENT RIGHTS to enjoin any third party infringement of the PATENT RIGHTS in such third party's efforts to make, use or sell a product and to recover damages as may be awarded. 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 INSTITUTE will have the right, but not the obligation, to prosecute at its own expense any infringement of the PATENT RIGHTS. In either instance in which one party to this Agreement institutes an infringement action, the second party will agree to be joined as a party plaintiff if required by law, and at the expense of the first party, and the second party further agrees to give the first party reasonable assistance and authority to file and to prosecute such suit. Any recovery of damages and costs in such suits will be apportioned as follows: the party bringing the suit will first recover an amount equal to two (2) times the costs and expenses incurred by the party directly related to the prosecution of such action, and the remainder will be divided equally between the INSTITUTE and LICENSEE.
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Related to Prosecution of Infringement Action

  • Notification of Infringement Each party agrees to provide written notice to the other party promptly after becoming aware of any infringement of the Patent Rights.

  • Claim of Infringement In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below: 9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 9.4.2 obtain a license sufficient to allow such use to continue. 9.4.3 In the event 9.4.1 or 9.4.2 are commercially unreasonable, then said Party may, terminate, upon reasonable notice, this contract with respect to use of, or services provided through use of, the affected facilities or equipment (including software), but solely to the extent required to avoid the infringement claim.

  • Infringement Actions 7.1 Licensee shall inform University promptly in writing of any alleged infringement of the Patent Rights by a third party and of any available evidence thereof. 7.2 During the term of this Agreement, Licensee shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of the Patent Rights in the Field and in the Territory if Licensee has notified University in writing of its intent to prosecute; provided, however, that such right to bring such an infringement action shall remain in effect only for so long as the license granted herein remains exclusive. In furtherance of such right, University hereby agrees that Licensee may include University as a party plaintiff in any such suit, without expense to University. The total cost of any such infringement action commenced or defended solely by Licensee shall be borne by Licensee and University shall receive a percentage of any recovery or damages for past infringement derived therefrom which is equal to the percentage royalty due University under Article 4. Licensee shall indemnify University against any order for costs that may be made against University in such proceedings. 7.3 If within six (6) months after having been notified of any alleged infringement, Licensee shall have been unsuccessful in persuading the alleged infringer to desist and shall not have brought and shall not be diligently prosecuting an infringement action, or if Licensee shall notify University at any time prior thereto of its intention not to bring suit against any alleged infringer, then, and in those events only, University shall have the right, but shall not be obligated, to prosecute at its own expense any infringement of the Patent Rights, and University may, for such purposes, use the name of Licensee as party plaintiff. University shall bear all costs and expenses of any such suit. In any settlement or other conclusion, by litigation or otherwise, University shall keep any recovery or damages for past infringement derived therefrom. 7.4 In the event that a declaratory judgment action alleging invalidity or infringement of any of the Patent Rights shall be brought against University, Licensee, at its 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 either party may institute to enforce the Patent Rights pursuant to this Agreement, the other party 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, information, samples, specimens, and other evidence upon request.

  • Infringement Proceedings Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents. (b) Each Party shall cooperate with the other Party to execute all required papers and instruments and to make all required oaths and declarations as may be necessary in the preparation and prosecution of all such patents and other applications and protections referred to in this Section 9.1.