Common use of Patent-Related Dispute Resolution Clause in Contracts

Patent-Related Dispute Resolution. If the Parties disagree on any preparation, prosecution or maintenance issue for Patents which is not specifically addressed and resolved by this Article XIII (a “Patent Resolution Issue”), the Parties agree to seek guidance and resolution from an independent, mutually-acceptable patent attorney with experience and expertise relevant to the matter in dispute as further described in this Section 13.02(i) instead of resorting to arbitration process as described in Section 15.05. If the Parties reach an impasse as to any Patent Resolution Issue (even after resorting to Section 3.01(e)(ii)), then they shall submit ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the Patent Resolution Issue to an experienced patent attorney mutually-acceptable to the Parties, who does not otherwise perform work for either Party or any of its Affiliates, for resolution. The Parties shall engage such attorney within thirty (30) days after either Party notifies the other in writing of a Patent Resolution Issue impasse remaining unresolved after resorting to Section 3.01(e)(ii). If they cannot agree as to who such attorney shall be within such time period, then the total of two nominees of the Parties (one from each Party) shall select a third patent attorney who shall be the attorney to resolve the dispute. The Parties shall share equally the expenses incurred for the services of such patent attorney. Within fifteen (15) days after engaging the patent attorney, the Parties shall each submit necessary documentation to the patent attorney. Within five (5) Business Days thereafter, the Parties shall convene a meeting with the patent attorney during which each Party may orally present its position on the Patent Resolution Issue. The Parties shall endeavor to cause the patent attorney to render his or her guidance as to the Patent Resolution Issue within five (5) Business Days after such discussion. Neither Party shall engage in any ex parte communications with the patent attorney. The Parties shall accept and follow the guidance and resolution of the patent attorney absent any fraud in the proceedings.

Patent-Related Dispute Resolution. If The Parties wish to xxxxxx a truly collaborative and cooperative relationship between their respective patent counsel. The Parties recognize that from time to time, despite such a positive relationship, their respective patent counsel may disagree as to certain matters relating to prosecution of Patents covering Joint Inventions, as well as the Parties disagree on any preparationIssue of Necessity referred to in Section 6.03(c)(ii) (each of the foregoing issues regarding prosecution of Patents covering Joint Inventions, prosecution or maintenance issue for Patents which is not specifically addressed and resolved by this Article XIII (each Issue of Necessity, a “Patent Resolution Issue”). In such event, instead of resorting to the dispute resolution process as described in Section 3.06(b), the Parties agree to seek guidance and resolution from an independent, mutually-mutually acceptable patent attorney with experience and expertise relevant to the matter in dispute as further described below in this Section 13.02(i) instead of resorting to arbitration process as described in Section 15.05Section. If the Parties reach an impasse (remaining even after resort to the initial dispute resolution provided for in Section 3.06(a)) as to any Patent Resolution Issue (even after resorting to Section 3.01(e)(ii))Issue, then they shall submit ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the Patent Resolution Issue to an experienced patent attorney mutually-mutually acceptable to the Parties, Parties — and who does not otherwise perform work for either Party or any of its Affiliates, Affiliates — for resolution. The Parties They shall engage such attorney within thirty (30) days after either Party notifies the other in writing of a Patent Resolution Issue impasse remaining unresolved after resorting resort to Section 3.01(e)(ii3.06(a). If they cannot agree as to who such attorney shall be within such time period, then the total of two nominees of the Parties (one from each Party) shall select a third patent attorney who shall be the attorney to resolve the dispute. (Alternatively the Parties may choose to designate the patent attorney who will resolve Patent Resolution Issues in advance of any such issue arising.) The Parties shall share equally the expenses incurred for the services of such patent attorney. Within fifteen (15) days after engaging the patent attorney, the Parties shall each submit necessary up to twenty (20) pages of documentation to the patent attorney. Within five (5) Business Days thereafter, the Parties shall convene a meeting discussion with the patent attorney during which each Party may orally present its position on the Patent Resolution Issue. The Parties shall endeavor to cause the patent attorney to render his or her guidance as to the Patent Resolution Issue within five for no more than one (5) Business Days after such discussion. Neither Party shall engage in any ex parte communications with the patent attorney. The Parties shall accept and follow the guidance and resolution of the patent attorney absent any fraud in the proceedings.1)

Patent-Related Dispute Resolution. If the Parties disagree on any preparation, prosecution or maintenance issue for Patents within the scope of this Article 12 which is not specifically addressed and resolved by this Article XIII ARTICLE 12 (a “"Patent Resolution Issue”"), the Parties agree to seek guidance and resolution from an independent, mutually-mutually acceptable patent attorney with experience and expertise relevant to the matter in dispute as further described in this Section 13.02(i12.02(h) instead of resorting to arbitration the dispute resolution process as described in Section 15.053.01(f) (if applicable). If the Parties reach an impasse (remaining even after resort to the initial dispute resolution provided for in Section 3.01(f)(i)) as to any Patent Resolution Issue (even after resorting to Section 3.01(e)(ii))Issue, then they shall submit ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the Patent Resolution Issue to an experienced patent attorney mutually-acceptable to the Parties, who does not otherwise perform work for either Party or any of its Affiliates, for resolution. The Parties shall engage such attorney within thirty (30) days after of either Party notifies the other in writing of a Patent Resolution Issue impasse remaining unresolved after resorting resort to Section 3.01(e)(ii3.01(f)(i). If they cannot agree as to who such attorney shall be within such time period, then the total of two nominees of the ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. ​ Parties (one from each Party) shall select a third patent attorney who shall be the attorney to resolve the dispute. The Parties shall share equally the expenses incurred for the services of such patent attorney. Within fifteen (15) days after of engaging the patent attorney, the Parties shall each submit necessary up to twenty (20) pages of documentation to the patent attorney. Within five (5) Business Days thereafterof such submission, the Parties shall convene a meeting with the patent attorney during which each Party may orally present its position on the Patent Resolution IssueIssue for no more than one (1) hour. The Parties shall endeavor to cause the patent attorney to render his or her guidance as to the Patent Resolution Issue within five (5) Business Days after of such discussion. Neither Party shall engage in any ex parte communications with the patent attorney. The Parties shall accept and follow the guidance and resolution of the patent attorney absent any fraud in the proceedings.

Patent-Related Dispute Resolution. If the Parties disagree on any preparation, prosecution or maintenance issue for Patents which is through a period of up to one month of Committee discussions cannot specifically addressed and resolved by this Article XIII (a “Patent Resolution Issue”), the Parties agree to seek guidance and resolution from an independent, mutually-acceptable patent attorney with experience and expertise relevant as to the matter in dispute as further described in this Section 13.02(i) instead Necessity of resorting to arbitration process as described in Section 15.05. If any license, they will submit the Parties reach an impasse as to any Patent Resolution Issue (even after resorting to Section 3.01(e)(ii)), then they shall submit ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. the Patent Resolution Issue disagreement to an experienced patent attorney mutually-mutually acceptable to the Parties, Parties -- and who does not otherwise perform work for either Party or any of its Affiliates, Affiliates and is not affiliated with them -- (a “Patent Expert”) for resolution. The Parties They shall engage such attorney within thirty (30) [*] days after either Party notifies the other in writing of a Patent Resolution Issue impasse remaining unresolved after resorting disagreement as to Section 3.01(e)(ii)Necessity. (If they cannot agree as to who such attorney shall be within such time period, then the total of two nominees of the Parties (one from each Party) shall select a third patent attorney Patent Expert who shall be the attorney to resolve the dispute. If such two (2) people cannot agree on the third person, then the arbitral body referred to in Section 12.9.2 shall select the Patent Expert who shall be the attorney to resolve the dispute.) The Parties shall share equally the expenses incurred for the services of such patent attorneyPatent Expert and arbitral body. Within fifteen (15) [*] days after engaging the patent attorney, the Parties shall each submit necessary up to [*] pages of documentation to the patent attorney. Within five (5) [*] Business Days thereafter, the Parties shall convene a meeting discussion with the patent attorney during which each Party may orally present its position on the Patent Resolution Issue. as to Necessity for no more than [*] The Parties shall endeavor to cause require the patent attorney to render his or her guidance as to the Patent Resolution Issue Necessity within five (5) [*] Business Days after such discussionthe oral presentations. Neither Party shall engage in any ex parte communications with the patent attorney. The Parties shall accept the patent attorney’s decision on Necessity of each license absent any fraud. * = confidential treatment requested; certain confidential information, in the places marked by brackets, has been omitted and follow filed separately with the guidance Securities and resolution Exchange Commission pursuant to Rule 24b-2 of the patent attorney absent any fraud in the proceedingsSecurities Exchange Act of 1934, as amended.