INVALIDITY OF PATENT. If any claim of any patent under which this license is granted shall be declared invalid by a final decision of a court of competent jurisdiction, whether an appellate court or a lower court whose decision becomes final by failure to appeal therefrom, or if, as a result of a final decision, any such claim shall be hereafter awarded to another, Sublicensee shall not be relieved of any obligations hereunder. In the event that any claim of any patent application under which this license is granted shall be finally rejected, such claim shall thenceforth be treated as if it did not exist, unless and until such final rejection shall be withdrawn or reversed and such claim allowed, and this license shall be deemed to be of trade secrets and know how of Sublicensor.
INVALIDITY OF PATENT. Should any patent licensed hereunder be declared invalid or limited in scope or rendered unenforceable by a decision of a court or other tribunal of competent jurisdiction in the country in which the patent was granted which is binding on all persons in all parts of said country and from which no appeal is or can be taken, then the construction placed upon said patent by said court or other tribunal shall be followed by the parties hereto from and after the date of entry of said decision and royalties shall thereafter be payable to LICENSOR in accordance with such construction for the country in which the decision was rendered.
INVALIDITY OF PATENT. If any claim of any of any of the Patents shall be declared invalid by a final decision of a court of competent jurisdiction, whether an appellant court or a lower court whose decision becomes final by failure to appeal therefrom, or if, as a result of a final decision, any such claim shall be hereafter awarded to another, Buyer shall be relieved of the obligation to pay royalty under this Agreement for sales thereafter of Products covered solely by such invalidated patent.
INVALIDITY OF PATENT. If any patent or any claim thereof included within Licensor’s Patent Rights shall be found invalid by a court of competent jurisdiction and last resort, from which decision no appeal may be taken, Licensee’s obligation to pay Licensor royalties based on such patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such decision. Licensee shall not, however, be relieved from paying Licensor any royalties, fees, expenses, or other liabilities that accrued prior to the date of such decision or that are based on any of Licensor’s Patent Rights not the subject of such decision.
INVALIDITY OF PATENT. The invalidity or revocation of the Patent, any Patent Application or any part thereof will not entitle Licensee to claim any loss or damage from PJC.
INVALIDITY OF PATENT. If the Patent is declared invalid by a court of competent jurisdiction in any Patent Jurisdiction during the Term (a “Patent Invalidity Event”), Licensor shall provide written notice thereof to Licensee within ten (10) days, and Licensee shall, within ninety (90) days following the date of such notice, notify the Licensor in writing (the “Cancellation Notice”), as to whether it wishes to cancel any of the Consideration Shares pursuant to its Cancellation Option.
