Trigone Patents (Other than Trigone Sample Clauses

Trigone Patents (Other than Trigone. Product Patent Infringement). Trigone shall have the first right (but not the obligation) to bring and control any legal action in connection with any Product Infringement (other than any Trigone Product Patent Infringement) of any Trigone Patent at its own expense as it determines appropriate. During any such claim, suit, or proceeding, Trigone shall (A) keep Relmada reasonably informed of all material developments in connection with such claim, suit or proceeding; (B) reasonably consider ▇▇▇▇▇▇▇’s comments; and (C) not settle any such claim, suit or proceeding except in a manner that is consistent with this Agreement, including Section 7.3.3 and does not result in an admission of liability on the part of Relmada or any of its Affiliates. If Trigone: (a) elects to not bring such legal action with respect to such Product Infringement (the decision of which ▇▇▇▇▇▇▇ shall inform Relmada promptly) or (b) otherwise fails to bring such legal action within one hundred eighty (180) days after first becoming aware of such Product Infringement, Relmada shall have the right to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate.
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Related to Trigone Patents (Other than Trigone

  • Trademarks, Patents, Etc Schedule 2.1

  • Patents, Trademarks, Etc The Borrower has obtained and holds in full force and effect all patents, trademarks, servicemarks, trade names, copyrights and other such rights, free from burdensome restrictions, which are necessary for the operation of its business as presently conducted, the impairment of which is likely to have a Material Adverse Effect.

  • Patents, etc The Borrower and each of the Restricted Subsidiaries have obtained all patents, trademarks, servicemarks, trade names, copyrights, licenses and other rights, free from burdensome restrictions, that are necessary for the operation of their respective businesses as currently conducted and as proposed to be conducted, except where the failure to obtain any such rights could not reasonably be expected to have a Material Adverse Effect.

  • Maintenance of Patents, Trademarks, Etc Each Loan Party shall, and shall cause each of its Subsidiaries to, maintain in full force and effect all patents, trademarks, service marks, trade names, copyrights, licenses, franchises, permits and other authorizations necessary for the ownership and operation of its properties and business if the failure so to maintain the same could constitute a Material Adverse Change.

  • Joint Patents Neither Party shall have any obligation to file or prosecute any Joint Patent. To the extent a Party wishes to prosecute a Joint Patent, the Parties will mutually agree upon which Party will have the first right to prosecute such Joint Patent, based on the contribution of each Party to such invention and each Party’s potential interest in products based upon such invention. If the Party having such first right does not wish to prosecute such Joint Patent, it shall inform the other Party promptly, but in any event no later than [***] after the Parties have agreed upon which Party had the first right to prosecute such Joint Patent. If the Party having such first right does not wish to prosecute such Joint Patent, the other Party may, upon written notice to such Party, prosecute such Joint Patent. The Party that prosecutes a Joint Patent pursuant to this Section 5.2(b) (the “prosecuting Party”) will solely bear its own internal costs for such prosecution and will solely bear the external costs for such prosecution (e.g., outside counsel, filing fees, etc.). Licensee will have the first right, but not the obligation, to prosecute infringement of any Joint Patents that is related to the Exclusively Licensed Know-How or a product competitive, or potentially competitive, with a Licensed Product; and Licensor will have the first right, but not the obligation, to prosecute infringement of any Joint Patents in all other cases. The Parties shall first confer and mutually agree regarding any such prosecution of infringement; provided, however, that Licensee shall have the right, without the consent of Licensor, to assert a Joint Patent against a Third Party in a defense of or counterclaim to any claim or assertion of infringement of a Patent or misappropriation of Know-How Controlled by such Third Party.