Common use of Litigation by Sublicensee Clause in Contracts

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 sublicense must include the following clauses: (A) In the event sublicensee brings an any court 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 Licensed 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 actionperiod 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 of royalties paid to Eidos Surrozen 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 pay [*****] 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 actionperiod 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 Sublicensee brings an action seeking to invalidate any Licensed Patent: (1) sublicensee Sublicensee will double [**] the payment of royalties paid to Eidos Combangio 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, following such determination sublicensee Sublicensee will pay [*****] times the payment of royalties paid under the original Sublicense; (2) sublicensee Sublicensee will have no right to recoup any royalties paid before or during the pendency of such actionperiod 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 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.