Common use of INVALIDITY OF PATENT Clause in Contracts

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such claim shall thenceforth be treated as if it did not exist, unless and until such final rejection shall be withdrawn or reversed and such claim allowed, and this license shall be deemed to be of trade secrets and know how of Sublicensor.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. 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 Licensee 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such claim shall thenceforth be treated as if it did not exist, unless and until such final rejection shall be withdrawn or reversed and such claim allowed, and this license shall be deemed to be of trade secrets and know how of SublicensorLicensor.