Example ContractsClausesLicensor’s Enforcement Rights
Licensor’s Enforcement Rights
Licensor’s Enforcement Rights contract clause examples

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)].

Licensors Option. Licensor (or its designee) shall have the option (but not the obligation), exercisable by written notice delivered to Licensee within thirty (30) days after its receipt of the Inventory Exhibit, to purchase any or all of the Inventory for an amount equal to the cost of the Inventory. In the event Licensor notifies Licensee that it is exercising its purchase option, Licensee shall deliver to Licensor or its designee all of the Inventory referred to in Licensors notice within fifteen (15) days after receipt of such notice, subsequent to receipt of all regulatory approvals required to undertake such delivery. Licensor shall pay Licensee for such Inventory as is in marketable, first quality condition within thirty (30) days after its receipt thereof, after deduction from the purchase price all amounts owed by Licensee hereunder.

If Licensee does not file suit within six months after a written request by Licensor to initiate an infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement. If Licensor pursues such infringement action, Licensor may, as part of the resolution of such efforts, grant non-exclusive license rights to the alleged infringer notwithstanding Licensees exclusive license rights.

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

If Licensee does not file suit within six months after a written request by Licensor to initiate an infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement. Licensor shall not settle any action covered by this Section without first obtaining the written consent of Licensee, whose consent will not be unreasonably withheld or delayed.

Licensors Right. Licensee will notify Licensor of its decision as to whether to take any action in accordance with [Section 6.4.2(a)] (Infringement Action in the Territory; Licensees Right) at least ​ Business Days before any time limit set forth in an Applicable Law or regulation, including the time limits set forth under the Hatch-Waxman Act (21 U.S.C. § 355) or within ​ after being notified of such Licensed Product Infringement, whichever is shorter. If Licensee decides not to take such action, then Licensee will so notify Licensor in writing, and Licensor will have the second right, but not the obligation, to commence a suit or take action to enforce the applicable Patent Right against such Third Party perpetrating such Licensed Product Infringement in the Territory at its own expense.

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

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.

If Licensee does not file suit within six months after a written request by Licensor to initiate an infringement action, then Licensor shall have the right, at its sole discretion, to bring suit to enforce any Patent Right licensed hereunder against the infringing activities, with Licensor retaining all recoveries from such enforcement. ​

Licensors Control. Licensor shall have the right (but not the obligation) to control enforcement of the Licensed Intellectual Property against any Third Party Infringement if Licensee provides Licensor with written notice that it is not exercising its right to control such enforcement, or if Licensee fails to timely initiate or file the relevant response to (as applicable), a suit, action or proceeding with respect to such Third Party Infringement prior to the expiration of the ​ (​) day period following first receipt by either Party of notice from the other Party of such Third Party Infringement.

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