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.
Appears in 11 contracts
Samples: Exclusive License Agreement, Exclusive License Agreement, Exclusive License Agreement
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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 8 contracts
Samples: Exclusive (Equity) Agreement, Exclusive License Agreement, Exclusive License Agreement
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 ***** Company 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 Clara 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 Sublicensee will provide written notice to Stanford at least three months [***] prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 3 contracts
Samples: Exclusive (Equity) Agreement (Ceribell, Inc.), Exclusive (Equity) Agreement (Ceribell, Inc.), Exclusive (Equity) Agreement (Ceribell, Inc.)
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 ***** Company 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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 2 contracts
Samples: Exclusive Agreement, Exclusive Agreement
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee Sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee Sublicensee will double the payment paid to ***** Epinomics during the pendency of such actionaction for Net Sales. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee Sublicensee is both valid and infringed by a Licensed Product, sublicensee Sublicensee will pay triple times the payment paid under the original SublicenseSublicense for Net Sales;
(2) sublicensee Sublicensee will have no right to recoup any royalties paid before or during the period of such 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 Sublicensee shall not pay royalties into any escrow or other similar account.
(B) sublicensee Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 2 contracts
Samples: Exclusive (Equity) Agreement (10x Genomics, Inc.), Exclusive (Equity) Agreement (10x Genomics, Inc.)
Litigation by Sublicensee. Any Sublicense 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 RUGA 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 Sublicensesublicense;
(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 account Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 2 contracts
Samples: Exclusive License Agreement (Versartis, Inc.), Exclusive License Agreement (Versartis, Inc.)
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;
(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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 2 contracts
Samples: Exclusive Equity Agreement (Medicenna Therapeutics Corp.), Exclusive Equity Agreement
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 ***** Atreca 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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Litigation by Sublicensee. Any Sublicense must include the following clauses:
(A) In the event sublicensee Sublicensee brings an action seeking to invalidate any Licensed Patent:
(1) sublicensee Sublicensee will double the payment paid to ***** Selten during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee Sublicensee is both valid and infringed by a Licensed Product, sublicensee Sublicensee will pay triple times the payment paid under the original Sublicense;
(2) sublicensee 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 Sublicensee shall not pay royalties into any escrow or other similar account.
(B) sublicensee Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Litigation by Sublicensee. Any Sublicense 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 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 will pay triple times the payment paid under the original Sublicensesublicense;
(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 Clara 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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Samples: Exclusive (Equity) Agreement
Litigation by Sublicensee. Any Sublicense 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 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 will pay triple times the payment paid under the original Sublicensesublicense;
(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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Samples: Exclusive (Equity) Agreement
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 ***** Aditxt 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 Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Samples: Exclusive License Agreement (ADiTx Therapeutics, Inc.)
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 ***** AKOYA 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 Cxxxx 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 Sublicensee will provide written notice to Stanford at least three months prior to bringing an action seeking to invalidate a Licensed Patent. sublicensee Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Samples: Exclusive (Equity) Agreement (Akoya Biosciences, Inc.)
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 ***** Jasper 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 Sublicensee will include with such written notice an identification of all prior art it believes invalidates any claim of the Licensed Patent.
Appears in 1 contract
Samples: Exclusive License Agreement (Amplitude Healthcare Acquisition Corp)