/Docs/G/NIH-License-Patent-Exclusive-CmA/Sec/Enforce/0.md
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{- "edges" : [ "data" {
- "Ti" : "Infringement and Patent Enforcement" ,
"1.sec" : "", "_IC", " and ", "_Licensee", " agree to notify each other promptly of each infringement or possible infringement of the ", "_Licensed_Patent_Rights", ", as well as, any facts which may affect the validity, scope, or enforceability of the ", "_Licensed_Patent_Rights", " of which either party becomes aware." ,
"2.0.sec" : "Pursuant to ", "_this_Agreement", " and the provisions of 35 U.S.C. Chapter 29, ", "_Licensee", " may:" ,
"2.1.sec" : "bring suit in its own name, at its own expense, and on its own behalf for infringement of presumably valid claims in the ", "_Licensed_Patent_Rights", ";" ,
"2.2.sec" : "in any suit, enjoin infringement and collect for its use, damages, profits, and awards of whatever nature recoverable for the infringement; or" ,
"2.3.sec" : "settle any claim or suit for infringement of the ", "_Licensed_Patent_Rights", " provided, however, that ", "_IC", " and appropriate ", "_Government", " authorities shall have the first right to take such actions; and" ,
"2.4.sec" : "if ", "_Licensee", " desires to initiate a suit for patent infringement, ", "_Licensee", " shall notify ", "_IC", " in writing. If ", "_IC", " does not notify ", "_Licensee", " of its intent to pursue legal action within ninety (90) days, ", "_Licensee", " shall be free to initiate suit. ", "_IC", " shall have a continuing right to intervene in the suit. ", "_Licensee", " shall take no action to compel the ", "_Government", " either to initiate or to join in any suit for patent infringement. ", "_Licensee", " may request the ", "_Government", " to initiate or join in any suit if necessary to avoid dismissal of the suit. Should the ", "_Government", " be made a party to any suit, ", "_Licensee", " shall reimburse the ", "_Government", " for any costs, expenses, or fees which the ", "_Government", " incurs as a result of the motion or other action, including all costs incurred by the ", "_Government", " in opposing the motion or other action. In all cases, ", "_Licensee", " agrees to keep ", "_IC", " reasonably apprised of the status and progress of any litigation. Before ", "_Licensee", " commences an infringement action, ", "_Licensee", " shall notify ", "_IC", " and give careful consideration to the views of ", "_IC", " and to any potential effects of the litigation on the public health in deciding whether to bring suit." ,
"3.0.sec" : "In the event that a declaratory judgment action alleging invalidity or non infringement of any of the ", "_Licensed_Patent_Rights", " shall be brought against ", "_Licensee", " or raised by way of counterclaim or affirmative defense in an infringement suit brought by ", "_Licensee", " under Paragraph 11.2, pursuant to ", "_this_Agreement", " and the provisions of 35 U.S.C. Chapter 29 or other statutes, ", "_Licensee", " may:" ,
"3.1.sec" : "defend the suit in its own name, at its own expense, and on its own behalf for presumably valid claims in the ", "_Licensed_Patent_Rights", ";" ,
"3.2.sec" : "in any suit, ultimately to enjoin infringement and to collect for its use, damages, profits, and awards of whatever nature recoverable for the infringement; and" ,
"3.3.sec" : "settle any claim or suit for declaratory judgment involving the ", "_Licensed_Patent_Rights", "-provided, however, that ", "_IC", " and appropriate ", "_Government", " authorities shall have the first right to take these actions and shall have a continuing right to intervene in the suit; and" ,
"3.4.sec" : "if ", "_IC", " does not notify ", "_Licensee", " of its intent to respond to the legal action within a reasonable time, ", "_Licensee", " shall be free to do so. ", "_Licensee", " shall take no action to compel the ", "_Government", " either to initiate or to join in any declaratory judgment action. ", "_Licensee", " may request the ", "_Government", " to initiate or to join any suit if necessary to avoid dismissal of the suit. Should the ", "_Government", " be made a party to any suit by motion or any other action of ", "_Licensee", ", ", "_Licensee", " shall reimburse the ", "_Government", " for any costs, expenses, or fees, which the ", "_Government", " incurs as a result of the motion or other action. If ", "_Licensee", " elects not to defend against the declaratory judgment action, ", "_IC", ", at its option, may do so at its own expense. In all cases, ", "_Licensee", " agrees to keep ", "_IC", " reasonably apprised of the status and progress of any litigation. Before ", "_Licensee", " commences an infringement action, ", "_Licensee", " shall notify ", "_IC", " and give careful consideration to the views of ", "_IC", " and to any potential effects of the litigation on the public health in deciding whether to bring suit." ,
"4.sec" : "In any action under Paragraphs 11.2 or 11.3 the expenses including costs, fees, attorney fees, and disbursements, shall be paid by ", "_Licensee", ". The value of any recovery made by ", "_Licensee", " through court judgment or settlement shall be treated as ", "_Net_Sales", " and subject to earned royalties." ,
"5.sec" : "", "_IC", " shall cooperate fully with ", "_Licensee", " in connection with any action under Paragraphs 11.2 or 11.3. ", "_IC", " agrees promptly to provide access to all necessary documents and to render reasonable assistance in response to a request by ", "_Licensee", "." ,
}
}