Common use of Assistance By Employees Clause in Contracts

Assistance By Employees. Each party agrees that its employees and contractors have a continuing duty to assist the other party with the prosecution of, and other patent or trademark office proceedings (e.g., reissue, reexamination, interference, inter partes review, post-grant review, etc.) regarding, the other party’s Patent applications, Patents, Marks, and other Intellectual Property Rights (all of the foregoing, collectively, “Administrative IP Proceedings”). Accordingly, each party agrees to reasonably make available to the other party and its counsel (i) inventors and other reasonably necessary persons employed by it for the other party’s reasonable needs regarding execution of documents, interviews, declarations, and testimony, and (ii) documents, materials, and information for the other party’s reasonable good faith needs regarding such Administrative IP Proceedings. Any actual and reasonable out-of-pocket expenses associated with such assistance shall be borne by the party involved in the Administrative IP Proceeding, expressly excluding the value of the time of the other party’s personnel (regarding which the Parties shall agree on a case by case basis with respect to reasonable compensation).

Appears in 4 contracts

Samples: Intellectual Property Matters Agreement (Lumentum Holdings Inc.), Intellectual Property Matters Agreement (Viavi Solutions Inc.), Intellectual Property Matters Agreement (Lumentum Holdings Inc.)

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Assistance By Employees. Each party Party agrees that its employees and contractors have a continuing duty to assist the other party Party with the prosecution of, and other patent or trademark office proceedings (e.g., reissue, reexamination, interference, inter partes review, post-grant review, etc.) regarding, the other partyParty’s Patent applications, Patents, Marks. Trademarks, and other Intellectual Property Rights (all of the foregoing, collectively, “Administrative IP Proceedings”). Accordingly, each party Party agrees to reasonably make available to the other party Party and its counsel (i) inventors and other reasonably necessary persons employed by it for the other partyParty’s reasonable needs regarding execution of documents, interviews, declarations, and testimony, and (ii) documents, materials, and information for the other partyParty’s reasonable good faith needs regarding such Administrative IP Proceedings. Any actual and reasonable out-of-pocket expenses associated with such assistance shall be borne by the party Party involved in the Administrative IP Proceeding, expressly excluding the value of the time of the other partyParty’s personnel (regarding which the Parties shall agree on a case by case basis with respect to reasonable compensation).

Appears in 3 contracts

Samples: Intellectual Property Matters Agreement (Keysight Technologies, Inc.), Intellectual Property Matters Agreement (Agilent Technologies Inc), Intellectual Property Matters Agreement (Keysight Technologies, Inc.)

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