Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will double the payment paid to ***** during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will pay triple times the payment paid under the original Sublicense;
(2) sublicensee will have no right to recoup any royalties paid before or during the period challenge;
(3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Santa Xxxxx County, and the parties agree not to challenge personal jurisdiction in that forum; and
(4) sublicensee shall not pay royalties into any escrow or other similar account.
(B) sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will double the payment paid to the ImmuMetrix during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will pay triple times the payment paid under the original Sublicense;
(2) sublicensee will have no right to recoup any royalties paid before or during the period challenge;
(3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Santa Xxxxx County, and the parties agree not to challenge personal jurisdiction in that forum;
(4) sublicensee shall not pay royalties into any escrow or other similar account.
(B) Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent. Notwithstanding the foregoing, in the event a sublicensee files a counterclaim asserting invalidity of one or more Licensed Patents in response to an actual suit by Stanford, such sublicensee shall not be deemed to have brought an action to invalidate a Licensed Patent and this Section 4.5 shall not apply. S09-367 : GWK
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will double the payment of royalties paid to Eidos during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, following such determination sublicensee will [*****] the payment of royalties paid under the original Sublicense;
(2) sublicensee will have no right to recoup any royalties paid before or during the pendency of such action;
(3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Santa Xxxxx County, and the parties agree not to challenge personal jurisdiction in that forum; and
(4) sublicensee shall not pay royalties into any escrow or other similar account.
(B) Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will [*] during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will [*];
(2) sublicensee will [*] during the period challenge;
(3) any dispute regarding the validity of any Licensed Patent shall be [*], and the parties agree [*]; and
(4) sublicensee shall [*].
(B) Sublicensee will provide written notice to Stanford at least [*] prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice [*].
(C) Notwithstanding the foregoing, in the event a sublicensee files a counterclaim asserting invalidity of one or more Licensed Patents in response to an actual infringement suit directed to the Licensed Patents by Stanford, such sublicensee shall not be deemed to have initiated an action to invalidate a Licensed Patent and Sections 4.4(A) and 4.4(B) above shall not apply.
Litigation by Sublicensee. Any sublicense must include the following clauses with respect to any Licensed Patent sublicensed to the sublicensee:
(A) In the event sublicensee brings an action seeking to invalidate any such Licensed Patent:
(1) sublicensee will [***] with respect to such Licensed Patent during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will [***] with respect to such Licensed Patent under the original sublicense;
(2) sublicensee will have no right to recoup by reason of such action any royalties paid before or during the period challenge;
(3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Santa Xxxxx County, and the parties agree not to challenge personal jurisdiction in that forum; S05-304, S11-202: SMN Exclusive (Equity) Agreement
(4) sublicensee shall not pay royalties into any escrow or other similar account, to the extent prohibited under Section 4.3(C) above.
(B) Sublicensee will provide written notice to Stanford at least [***] months prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will [***] during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will [***];
(2) sublicensee will [***] during the period challenge;
(3) any dispute regarding the validity of any Licensed Patent shall be [***], and the parties agree [***]; and
(4) sublicensee shall [***]. *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request.
(B) Sublicensee will provide written notice to Stanford at least [***] prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice [***].
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will double the royalty payment owed to AcceleMed on Net Sales of Licensed Products covered by the challenged Licensed Patent sold by Sublicensee during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will pay triple times the royalty payment owed to AcceleMed on Net Sales of Licensed Products covered by the challenged Licensed Patent sold by Sublicensee after such determination, and sublicensee will have no right to recoup any royalties paid before or during the period challenge;
(2) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Santa Xxxxx County, and the parties agree not to challenge personal jurisdiction in that forum;
(3) sublicensee shall not pay royalties into any escrow or other similar account.
(B) Sublicensee will provide written notice to Nalu and Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Litigation by Sublicensee. Any Sublicense or Third-Tier License, as applicable, must include the following clauses:
(A) In the event Sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) Sublicensee will [***] during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the Sublicensee is both valid and infringed by a Licensed Product, Sublicensee will [***] under the original Sublicense;
(2) [***];
(3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in [***]; and
(4) Sublicensee shall not pay royalties into any escrow or other similar account.
(B) Sublicensee will provide written notice to Stanford at least [***] prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice [***].
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee will double the payment paid to Medicenna during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will pay triple times the payment paid under the original Sublicense;
(2) sublicensee will have no right to recoup any royalties paid before or during the period challenge; S10-200, S10-200B AND S14-174 : GWK
(3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Santa Xxxxx County, and the parties agree not to challenge personal jurisdiction in that forum; and
(4) sublicensee shall not pay royalties into any escrow or other similar account.
(B) Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Litigation by Sublicensee. In each Sublicense Agreement the following clauses must be included: In the event Sublicensee brings an action seeking to invalidate or render unenforceable any Licensed Patent:
(a) Sublicensee shall double the payment paid to the Licensee during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the Sublicensee is both valid and infringed by a Licensed Product, Sublicensee shall pay triple the payment paid under the original Sublicense Agreement;
(b) Sublicensee shall have no right to recoup any royalties paid before or during the period of challenge;
(c) Sublicensee shall not pay royalties into any escrow or other similar account; and
(d) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in Bexar County Texas, and the parties agree not to challenge personal jurisdiction in that forum. Sublicensee shall provide written notice to Licensor at least three (3) months prior to bringing an action seeking to invalidate or render unenforceable a Licensed Patent. Sublicensee shall include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent. Licensee: Blue Water Vaccines, Inc.OTC Exclusive License (Life Sciences) CONFIDENTIAL
