Contest of Validity. In the event Licensee or its sublicensee(s) contest the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties with respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort.
Appears in 4 contracts
Samples: Exclusive License Agreement (Enable Ipc Corp), Exclusive License Agreement (GenMark Diagnostics, Inc.), Exclusive License Agreement (GenMark Diagnostics, Inc.)
Contest of Validity. In the event Licensee or its sublicensee(s) contest contests the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties with respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resortunenforceable.
Appears in 4 contracts
Samples: Exclusive License Agreement (Tecogen Inc.), Exclusive License Agreement (Tecogen Inc.), Exclusive License Agreement (Tecogen Inc)
Contest of Validity. In the event Licensee or its sublicensee(s) contest contests the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties with respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort.
Appears in 2 contracts
Samples: License Agreement (Phytomedical Technologies Inc), License Agreement (Phytomedical Technologies Inc)
Contest of Validity. In the event Licensee or its sublicensee(s) contest contests the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties all amounts owed under this Agreement with respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort.
Appears in 2 contracts
Samples: Non Exclusive License Agreement (Excaliber Enterprises, Ltd.), Commercial License and Option Agreement (Biotime Inc)
Contest of Validity. In the event Licensee or its sublicensee(s) contest any Sublicensee contests the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties with respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort.
Appears in 1 contract
Samples: Exclusive License Agreement (Inspire Pharmaceuticals Inc)
Contest of Validity. In the event Licensee or its sublicensee(s) contest contests the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties with respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort.
Appears in 1 contract
Samples: Standard Exclusive Start Up Company License Agreement (Adamis Pharmaceuticals Corp)
Contest of Validity. In the event Licensee or its sublicensee(s) contest the validity or enforceability of any Licensed Patent, Licensee and its sublicensee(s) shall continue to pay royalties with with, respect to that patent as if such contest were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort.
Appears in 1 contract
