Common use of Outside the United States Clause in Contracts

Outside the United States. (a) There are countries in which the owner of an invention is entitled to damages, compensation or other monetary award for another's unlicensed manufacture, sale, lease, use or importation involving such invention prior to the date of issuance of a patent for such invention but on or after a certain earlier date, hereinafter referred to as the invention's "protection commencement date" (e.g., the date of publication of allowed claims or the date of publication or "laying open" of the filed patent application). In some instances, other conditions precedent must also be fulfilled (e.g., knowledge or actual notification of the filed patent application). The parties agree that (i) an invention which has a protection commencement date in any such country may be used in such country pursuant to the terms of this Agreement on and after any such date, and (ii) all such conditions precedent are deemed satisfied by this Agreement. (b) There may be countries in which a party hereto may have, as a consequence of this Agreement, rights against third party infringers of another party's patents licensed hereunder. Each party hereto hereby waives any such right it may have by reason of such third party's infringement or alleged infringement of another party's patents. (c) Each party hereto hereby agrees to register or cause to be registered, to the extent that such party reasonably determines that registration or recordation is necessary under applicable law, and without expense to the other party or any of its Related Companies, any agreements wherein sublicenses are granted by it under the other party's patents licensed hereunder. Each party hereto hereby waives any and all claims or defenses, arising by virtue of the absence of such registration, that might otherwise limit or affect its obligations to the other party.

Outside the United States. (a) There are countries in which the owner of an invention is entitled to damagescompensation, compensation damages or other monetary award for another's ’s unlicensed manufacture, sale, lease, use or importation involving such invention prior to the date of issuance of a patent for such invention but on or after a certain earlier date, hereinafter referred to as the invention's "’s “protection commencement date" ” (e.g., the date of publication of allowed claims or the date of publication or "“laying open" ” of the filed patent application). In some instances, other conditions precedent must also be fulfilled (e.g., knowledge or actual notification of the filed patent application). The parties agree that (i) an invention which has a protection commencement date in any such country may be used in such country pursuant to the terms of this Agreement on and after any such date, and (ii) all such conditions precedent are deemed satisfied by this Agreement. (b) There may be countries in which a party hereto may have, as a consequence of this Agreement, rights against third party infringers of another the other party's ’s patents licensed hereunder. Each party hereto hereby waives any such right it may have by reason of such any third party's ’s infringement or alleged infringement of another party's any such patents. (c) Each party hereto INTRALASE hereby agrees to register or cause to be registered, to the extent that such party reasonably determines that registration or recordation is necessary under required by applicable law, and without expense to the other party AGERE or any of its Related CompaniesRELATED COMPANIES, any agreements wherein sublicenses are granted by it under the other party's patents licensed hereunderAGERE’s PATENTS. Each party hereto INTRALASE hereby waives any and all claims or defenses, arising by virtue of the absence of such registration, that might otherwise limit or affect its obligations to the other partyAGERE.

Outside the United States. (a) There are countries in which the owner of an invention is entitled to damagescompensation, compensation damages or other monetary award for another's unlicensed manufacture, sale, lease, use or importation involving such invention prior to the date of issuance of a patent for such invention but on or after a certain earlier date, hereinafter referred to as the invention's "protection commencement date" (e.g., the date of publication of allowed claims or the date of publication or "laying open" of the filed patent application). In some instances, other conditions precedent must also be fulfilled (e.g., knowledge or actual notification of the filed patent application). The parties Parties agree that (i) an invention which has a protection commencement date in any such country may be used in such country pursuant to the terms of this Agreement on and after any such date, and (ii) all such conditions precedent are deemed satisfied by this Agreement. (b) There may be countries in which a party Party hereto may have, as a consequence of this Agreement, rights against third party infringers of another partyParty's patents licensed hereunder. Each party hereto Party hereby waives any such right it may have by reason of such third party's infringement or alleged infringement of another partyParty's patents. (c) Each party hereto Party hereby agrees to register or cause to be registered, to the extent that such party Party reasonably determines that registration or recordation is necessary under applicable law, and without expense to the other party Parties or any of its their Related Companies, any agreements wherein sublicenses are granted by it under the other party's Parties' patents licensed hereunder. Each party hereto Party hereby waives any and all claims or defenses, arising by virtue of the absence of such registration, that might otherwise limit or affect its obligations to the other partyParties.