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.
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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.
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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}.
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