Defensive Suspension by Licensees. In the event a Fellow Licensee (i) fails to offer a license of its Necessary Claims to Licensee (“Affected Licensee”) on the terms required by Section 7.2.1 of its CI Plus Device Interim License Agreement (Necessary Claims Patent), or (ii) brings an action for (a) infringement of Necessary Claims without offering a license in conformance with Section 7.2.1 of its CI Plus Device Interim License Agreement of its Necessary Claims, or (b) infringement of its copyrights or trade secrets, in each case where such copyrights or trade secrets are embodied in the Specifications against Affected Licensee, Affected Licensee may suspend its obligations to grant license of Necessary Claims under Section 7.2.1 with respect to such Fellow Licensee in question for so long as such Fellow Licensee fails to offer such a license or maintain such infringement action.
Appears in 7 contracts
Samples: Most Device Interim License Agreement, Plus Device Interim License Agreement, Plus Device Interim License Agreement
