Common use of Non-Assertion Against Ericsson Clause in Contracts

Non-Assertion Against Ericsson. The sublicense granted to LICENSEE under Section 5.10.2 above shall continue only so long as LICENSEE and its Affiliates do not assert, either in litigation or by a direct communication, any Essential Patents for CDMA Applications against Ericsson’s CDMA subscriber, infrastructure or test equipment products, or if in the case of such litigation or assertion LICENSEE dismisses such litigation or withdraws such assertion or offers a royalty-free license under such patents within thirty (30) days after QUALCOMM’s receipt of notice from Ericsson of such litigation or communication.

Non-Assertion Against Ericsson. The sublicense granted to LICENSEE under Section 5.10.2 5.7.2 above shall continue only so long as LICENSEE and its Affiliates do not assert, either in litigation or by a direct communication, any Essential Patents for CDMA Applications against Ericsson’s 's CDMA subscriber, infrastructure or test equipment products, or if in the case of such litigation or assertion LICENSEE dismisses such litigation or withdraws such assertion or offers a royalty-free license under such patents within thirty (30) days after QUALCOMM’s 's receipt of notice from Ericsson of such litigation or communication.

Non-Assertion Against Ericsson. The sublicense granted to ------------------------------ LICENSEE under Section 5.10.2 above shall continue only so long as LICENSEE and its Affiliates do not assert, either in litigation or by a direct communication, any Essential Patents for CDMA Applications against Ericsson’s 's CDMA subscriber, infrastructure or test equipment products, or if in the case of products and LICENSEE does not dismiss such litigation or assertion LICENSEE dismisses such litigation or withdraws withdraw such assertion or offers offer a royalty-free license under such patents within thirty (30) days after QUALCOMM’s 's receipt of notice from Ericsson of such litigation or communication.