Instructions for Arbitrator (METROLOGIC Product Type III Ground) Sample Clauses

Instructions for Arbitrator (METROLOGIC Product Type III Ground). In the event SYMBOL asserts a Type III Ground under Section 9.1, and METROLOGIC or SYMBOL elects to commence an arbitration proceeding under Section 9.2.1, the arbitrator shall proceed solely to determine the answer to the question posed: whether the application or use of the MLP intended by METROLOGIC and identified by SYMBOL pursuant to Section 9.1 or 9.2 fails to satisfy the Field restrictions and limitations set forth in the license grant in Article 3 are not satisfied (the "Question for Arbitration"). The Arbitrator shall not entertain any counterclaims in such arbitration proceeding, nor shall the arbitrator proceed to find infringement or non-infringement of any Identified SYMBOL patent except as may be stipulated by the Parties. In the event the Question for Arbitration is found by the arbitrator to be answered in the affirmative, then the MLP shall be deemed as outside the scope of the license grant of Article 3, and hence not licensed under the Agreement; the arbitrator shall so render such conclusion as a finding of fact and conclusion of law, and set forth his decision under which the Parties shall henceforth be bound. The instructions in this Section 16.7.3 are intended to limit the scope of the arbitral issues in order to simplify the proceedings and to enable the parties to obtain a decision as quickly as possible.
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Related to Instructions for Arbitrator (METROLOGIC Product Type III Ground)

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