Common use of Ericsson Patents Sublicensed Clause in Contracts

Ericsson Patents Sublicensed. The term “Ericsson’s Patents” means all of the following patents which are owned or sublicenseable by Ericsson without payment of any royalty or other consideration to a third party: (a) Ericsson’s patents which, but for the sublicenses granted under Section 5.10.2 below, would be infringed by the use of QUALCOMM’s Chipset for their intended purposes (the “Ericsson Chipset Patents”), and (b) Ericsson’s Essential Patents which are, or are claimed by Ericsson to be, essential to IS-95 Rev A or Rev B, whether or not such Essential Patents are infringed by the use of QUALCOMM’s Chipset (the “Other Ericsson Patents”). For example, by incorporating QUALCOMM’s existing (as of the Effective Date) Chipset into a Subscriber Unit Sold by LICENSEE, the Ericsson’s Patents sublicensed to LICENSEE would include, but not necessarily be limited to all of the following patents that Ericsson asserted against QUALCOMM in litigation: U.S. Patent Nos. 5,088,108 (RE 36,017), 5,209,528 (RE 36,079), 5,148,485, 5,193,140, 5,230,003, 5,239,557, 5,282,250,5,327,577 (RE 36,078), 5,390,245, 5,430,760, and 5,551,073, and their foreign counterparts, reissuances, divisional, continuations and continuations in part.

Ericsson Patents Sublicensed. The term “"Ericsson’s 's Patents” " means all of the following patents which are owned or sublicenseable by Ericsson without payment of any royalty or other consideration to a third party: (a) Ericsson’s 's patents which, but for the sublicenses granted under Section 5.10.2 5.7.2 below, would be infringed by the use of QUALCOMM’s 's Chipset for their intended purposes (the “"Ericsson Chipset Patents”"), and (b) Ericsson’s 's Essential Patents which are, or are claimed by Ericsson to be, essential to IS-95 Rev A or Rev B, whether or not such Essential Patents are infringed by the use of QUALCOMM’s 's Chipset (the “"Other Ericsson Patents”"). For example, by incorporating QUALCOMM’s 's existing (as of the Effective Date) Chipset into a Subscriber Unit CDMA Modem Card Sold by LICENSEE, the Ericsson’s 's Patents sublicensed to LICENSEE would include, but not necessarily be limited to all of the following patents that Ericsson asserted against QUALCOMM in litigation: U.S. Patent Nos. 5,088,108 (RE 36,017), 5,209,528 (RE 36,079), 5,148,485, 5,193,140, 5,230,003, 5,239,557, 5,282,250,5,327,577 5,282,250, 5,327,577 (RE 36,078), 5,390,245, 5,430,760, and 5,551,073, and their foreign counterparts, reissuances, divisionaldivisionals, continuations and continuations in part.

Ericsson Patents Sublicensed. The term “"Ericsson’s 's Patents” " ---------------------------- means all of the following patents which are owned or sublicenseable by Ericsson without payment of any royalty or other consideration to a third party: (a) Ericsson’s 's patents which, but for the sublicenses granted under Section 5.10.2 below, would be infringed by the use of QUALCOMM’s 's Chipset for their intended purposes (the “Ericsson Chipset Patents”), and (b) Ericsson’s 's Essential Patents which are, or are claimed by Ericsson to be, essential to IS-95 Rev A or Rev B, whether or not such Essential Patents are infringed by the use of QUALCOMM’s Chipset (the “Other Ericsson Patents”)'s Chipset. For example, by incorporating QUALCOMM’s 's existing (as of the Effective Date) Chipset into a Subscriber Unit Licensed Product Sold by LICENSEE, the Ericsson’s 's Patents sublicensed to LICENSEE would include, but not necessarily be limited to all of the following patents that Ericsson asserted against QUALCOMM in litigation: U.S. Patent patent Nos. 5,088,108 (RE 36,017), 5,209,528 (RE 36,079), 5,148,485, 5,193,140, 5,230,003, 5,239,557, 5,282,250,5,327,577 5,282,250, 5,327,577 (RE 36,078), 5,390,245, 5,430,760, and 5,551,073, and their foreign counterparts, reissuances, divisionaldivisionals, continuations and continuations in part.