Provision Language
11. Intellectual Property
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11.3 ViiV shall have the exclusive right, but shall be under no obligation whatsoever, to maintain, prosecute, renew, defend or enforce any of the Patent Rights. For the avoidance of doubt, the MPPF shall have no rights whatsoever to maintain, prosecute, renew, defend or enforce any of the Patent Rights and nor shall it purport to grant any such rights to any Sublicensee or Third Party.
Schedule 2: Form of Sublicense
14. IMPROVEMENTS AND PATENT PROSECUTION, ENFORCEMENT AND DEFENCE
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14.4 Patent Enforcement and Defence. If any suit or claim by a Third Party is instituted against the Licensee for patent infringement involving the Licensed Product and/or Licensed Compound, the Licensee shall promptly notify the Licensor in writing. Where such claim relates to any aspect of the Licensed Product and/or Licensed Compound that falls within the scope of a Patent Right, ViiV shall have the right, but not the obligation, to defend or to conduct the defence of such suit or claim at its own expense. The Licensee shall assist ViiV and co-operate in any such litigation at ViiV’s request and expense. ViiV (and in no circumstances the Licensee) shall be entitled to bring infringement action at its own expense. To the extent ViiV decides not to bring any such infringement action, ViiV shall not be liable to the Licensee in any respect for such decision. The Licensee shall assist ViiV and co-operate in any such litigation at ViiV’s request without expense to the Licensee.