Common use of Right to Control Clause in Contracts

Right to Control. If a Third Party initiates a patent opposition, reexamination, or other proceeding in the US Patent Office, European Patent Office or foreign equivalent, asserting that any Licensed Patent is invalid or otherwise unenforceable (an “Invalidity Claim”), the Parties will treat this as Prosecution of such Licensed Patent in accordance with Section 6.3. For the avoidance of doubt, any defense of a Third Party declaratory judgment action with respect to such Licensed Patent or a counterclaim of invalidity or unenforceability of such Licensed Patent made in the context of an Infringement Action will be deemed part of such Infringement Action and will be governed by Section 6.4.