Example ContractsClausesLicensee’s Enforcement Rights
Licensee’s Enforcement Rights
Licensee’s Enforcement Rights contract clause examples

Enforcement Rights. Apollomics shall have the first right, but not the obligation, to bring an appropriate suit or other action against any Person engaged in the Infringement of: # any [[GlycoMimetics:Organization]] Licensed Patent or Joint Patent in the Apollomics Territory, or # any Apollomics Patents worldwide, at Apollomics’ sole cost and expense. [[GlycoMimetics:Organization]] shall have the first right, but not obligation, to bring an appropriate suit or other action against any Person engaged in the Infringement of any Joint Patent in the [[GlycoMimetics:Organization]] Territory. [[GlycoMimetics:Organization]] shall have the sole right, but not obligation, to bring an appropriate suit or other action against any Person engaged in the Infringement of any [[GlycoMimetics:Organization]] Licensed Patent in the [[GlycoMimetics:Organization]] Territory. If the party bringing an Infringement suit or other action (the “Enforcing Party”) elects to commence a suit to enforce such patent rights against such Infringement, then the non-Enforcing Party shall have the right to join such enforcement action upon notice to the Enforcing Party, and in this case the Parties shall share the cost and expense of such enforcement action equally (provided that, Apollomics shall not have the right to join an enforcement action of the [[GlycoMimetics:Organization]] Licensed Patents in the [[GlycoMimetics:Organization]] Territory). If the Party with the right to bring suit, pursuant to this Section 9.4(b), notifies the other Party that it does not intend to commence a suit to enforce the applicable Patent against such Infringement or to take other action to secure the abatement of such Infringement, or fails to take any such action after a period of thirty (30) days, then, to the extent that such Infringement results from a Third Partys

Enforcement Rights. NVCR shall have the first right to bring and control any legal action to enforce NVCR Patents against any Product Infringement in the Territory at its own expense as it reasonably determines appropriate, and NVCR shall consider in good faith the interests of Zai in such enforcement of the NVCR Patents. If NVCR or its designee fails to abate such Product Infringement in the Territory or to file an action to abate such Product Infringement in the Territory within ​ days after a written request from Zai to do so, or if NVCR discontinues the prosecution of any such action after filing without abating such infringement, then Zai shall have the right to enforce the NVCR Patents against such Product Infringement in the Territory at its own expense as it reasonably determines appropriate; provided that Zai shall not enter into any settlement admitting the invalidity of, or otherwise impairing, any NVCR Patent without the prior written consent of NVCR.

Alexion shall have the first right, but not the obligation, in its sole discretion, to bring and control any legal action to enforce the Eidos Patents against any Third Party engaged in any infringement of the Eidos Patents related to a compound or product that competes with (or that would compete with if commercialized) a Licensed Compound or a Licensed Product in the Field in the Territory (a “Product Infringement”), ​. For clarity, Product Infringement excludes any adversarial Patent Prosecution proceedings. Alexion shall give Eidos advance notice of Alexions intent to file any such suit or take any such action and the reasons therefor, and shall provide Eidos with an opportunity to make suggestions or comments regarding such suit or action. Thereafter, Alexion shall keep Eidos promptly informed, and shall from time to time consult with Eidos regarding the status of any such suit or action. In the event Alexion does not bring any such legal action within ​ (or settle or otherwise secure the abatement of such Product Infringement action) or ceases to diligently pursue such Product Infringement action, Eidos may bring and control any legal action to enforce the Eidos Patents against such Product Infringement, ​.

Licensee shall have the first right, but not the obligation, to enforce the Patent Rights against any infringement by a third party. Licensee shall be responsible for payment of all fees and expenses associated with such enforcement incurred by both Licensee and Licensor in providing cooperation or joining as a party as provided in [Section 9.5]. Any monetary recovery for actual damages or punitive damages, in excess of Licensees documented, third-party expenses in enforcing the Patent Rights and amounts actually reimbursed by Licensee to Licensor under this [Section 9.2] shall be shared by Licensee with Licensor in the same manner as Non-Royalty Sublicensing Consideration.

With respect to any potential infringement of the Patent Rights, Licensee shall have the first and primary right, but not the obligation, to, at its expense, initiate, prosecute, and control any action or legal proceedings, and/or enter into a settlement, including any declaratory judgment action, with respect thereto. In the event Licensor provides Licensee with an SRA Notice during the SRA Notice Period, Licensee shall not file an infringement lawsuit against the third party identified in such SRA Notice for at least ​ from the date of such SRA Notice. In any such litigation brought by Licensee, Licensee shall have the right to use and sue in Licensors name and join Licensor as a party to such litigation only with the prior written consent of Licensor, and Licensor shall cooperate reasonably with respect thereto, as requested and at the expense of Licensee. If, within one hundred eighty (180) calendar days of the notice in Section 9.1, Licensee has neither brought, nor is Licensee diligently prosecuting an infringement or other action with respect to such potential infringement, then Licensor shall have the right, at its expense, to bring suit to enforce such Patent Rights against such potential infringer, at its own expense, unless Licensee has provided Licensor with a reasonable strategic rationale for not taking action to

Enforcement Rights. FibroGen China shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity allegedly engaged in any Product Infringement of the FibroGen China Patents in the Territory (and to defend any related counterclaim) and the costs and expenses shall be shared equally by the Parties. FibroGen China shall have a period of one hundred eighty (180) days after its receipt or delivery of notice and evidence pursuant to [Section 9.6(a)] above, to elect to enforce such FibroGen China Patent in the Territory (or to settle or otherwise secure the abatement of such Product Infringement). In the event that FibroGen China does not so elect (or settle or otherwise secure the abatement of such Product Infringement), it shall so notify AstraZeneca in writing, and AstraZeneca shall have the right to commence a suit or take action to enforce the applicable FibroGen China Patent with respect to a Product Infringement in the Field in the Territory (and to defend any related counterclaim) at AstraZenecas expense. The IP Committee shall take the necessary actions to ensure that AstraZeneca has proper standing to bring suit under this [Section 9.6(b)].

Licensees Step-In Rights. Subject to the requirements and limitations of the Acorda Third Party Agreements, with respect to the filing, prosecution and maintenance of the Licensed IP, including any rights of, and time-frames for, such Third Party licensors to comment on and review any filings and correspondence related thereto, the Parties agree:

Licensee may enforce the Patent Rights against any infringement by a third party. ​

Licensee may enforce the Patent Rights against any infringement by a third party. Licensee shall be responsible for payment of all fees and expenses associated with such enforcement incurred by Licensee and incurred by Licensor in providing cooperation or joining as a party as provided in [Section 9.4]. Any monetary recovery for actual damages or punitive damages in excess of Licensees documented, third-party expenses in enforcing the Patent Rights and amounts actually reimbursed by Licensee to Licensor under this [Section 9.2] shall be shared by Licensee with Licensor in the same manner as Non-Royalty Sublicensing Consideration.

Enforcement Rights. NVCR shall have the first right to bring and control any legal action to enforce NVCR Patents against any Product Infringement in the Territory at its own expense as it reasonably determines appropriate, and NVCR shall consider in good faith the interests of Zai in such enforcement of the NVCR Patents. If NVCR or its designee fails to abate such Product Infringement in the Territory or to file an action to abate such Product Infringement in the Territory within ​ days after a written request from Zai to do so, or if NVCR discontinues the prosecution of any such action after filing without abating such infringement, then Zai shall have the right to enforce the NVCR Patents against such Product Infringement in the Territory at its own expense as it reasonably determines appropriate; provided that Zai shall not enter into any settlement admitting the

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