Common use of Protection of Patents Clause in Contracts

Protection of Patents. 6.1 Licensor agrees where economically justified and within reasonable limits to protect the Proprietary Property from infringement or misappropriation by third parties and to prosecute such infringers or defendants, but the decision to undertake such protection shall be in the sole discretion of Licensor and Licensor's decision as to whether any such action shall be taken by it shall be accepted by Licensee. In the event that Licensor shall recover profits and/or damages from said infringer or defendant, Licensor agrees to turn over to Licensee [*] of any amounts paid to it by said infringer or defendant after deducting any or all of its expenses, including costs and legal fees incurred in the undertaking of such protection and/or prosecution.