Patent Defense. Licensee shall pay for any and all costs incurred for patent maintenance, enforcement and defense of the Patent or the Patent Rights in the Territory.
Patent Defense. Subsidiary agrees that it shall notify Masimo of any claim by a third party that such third party believes any Masimo patents are invalid. Subsidiary agrees to promptly notify Masimo of any such claim whether or not such claim is asserted in court by such third party.
Patent Defense. If Mobileye or its Affiliate is sued by a practicing company for infringement of a LiDAR patent, Intel will assist Mobileye or its Affiliate in accordance with the terms and procedures in Schedule 8.
Patent Defense. If Mobileye or its Affiliate is sued by a practicing company for infringement of a radar patent, Intel will assist Mobileye or its Affiliate consistent with the terms and procedures in Exhibit F.
Patent Defense. ZOLL agrees that it shall notify MASIMO of any claim by a third party that such third party believes that MASIMO Patents or Patent Rights are invalid. ZOLL agrees to promptly notify MASIMO of any such claim whether or not such claim is asserted in court by such third party.
12.6.1 During and after the term of this Agreement, ZOLL agrees not to challenge the validity of any of the Patent Rights. During the term of this Agreement, ZOLL agrees to disclose to MASIMO any prior art or any other information that is material to the validity of any of the Patent Rights or to the patentability of any pending MASIMO patent application of which ZOLL is aware.
Patent Defense. If, as the result of an action brought by Baxter under Section 3.3, a Third Party raises a defense or otherwise alleges the invalidity or unenforceability of any of the Patent rights contained within the scope of the Kamada Licensed Patent Rights being asserted in such action, Baxter shall consult with Kamada regarding the defense of the invalidity claim and Baxter shall reasonably consider Kamada’s comments in defending such claim. Notwithstanding the foregoing, Baxter agrees that it shall not enter into any settlement, consent, order, consent judgment or other voluntary final disposition of any action referred to under this Section 3.4 without the prior written consent of Kamada (which consent shall not be unreasonably withheld, conditioned or delayed).
Patent Defense. ATOM agrees that it shall notify MASIMO any claim by a third party that such third party believes that MASIMO Patents or Patent Rights are invalid. ATOM agrees to promptly notify MASIMO of any such claim whether or not such claim is asserted in court by such third party.
12.6.1 During and after the term of this Agreement, ATOM agrees not to challenge the validity of any of the Patent Rights. During the term of this Agreement, ATOM agrees to disclose to MASIMO any prior art or any other information that is material to the validity of any Licensed Patent or to the patentability of any pending MASIMO patent application of which ATOM is aware.
Patent Defense. Subsidiary agrees that it shall notify Masimo of any claim by a third party that such third party believes any Masimo patents are invalid. Subsidiary agrees to promptly notify Masimo of any such claim whether or not such claim is asserted in court by such third party. Subsidiary Net Sales: A Subsidiary Intercompany Cost of Goods Sold: B Subsidiary Operating Expenses (Budget): C (A-B-C)/A = X, Where X shall be a value within the arm’s length interquartile range of operating margins as determined annually in the transfer pricing study. The transfer price B is therefore equivalent to: B=A (1-X) -C
Patent Defense. During the term of this Agreement, CDI shall notify Xxxxx promptly in writing of any claim asserted against CDI by any third party alleging infringement of any patent owned by such third party in connection with CDI's manufacture, use or sale of Products. Notwithstanding anything herein to the contrary, if, during the term of this Agreement, the manufacture, use or sale of Products by CDI under any issued and valid patent within the Patent Rights would infringe any patent owned by a third party, CDI shall have the right to deduct from the royalties payable to Xxxxx under Section 4 an amount equal to the difference between the royalty due hereunder and the royalty payable by Xxxxx under the MPG License Agreement.
Patent Defense. Each party agrees that it shall notify the other party of any claim by a third party that such third party believes any patents included in the other Party’s Licensed Patents are invalid.
