Common use of Patent Validity Clause in Contracts

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of the LICENSED PATENT to LICENSEE is in issue, a judgement or decree is entered which becomes final (below referred to as a “final judgement”), the construction placed upon any such claim by such final judgement shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement holds any claim invalid, LICENSEE shall be relieved prospectively (1) from including in its reports ROYALTY-BASE PRODUCTS and ROYALTY-BASE SERVICES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement is applicable, and (2) from the performance of those other acts which may be required by this Agreement only because of any such claim. However, if there are two or more conflicting final judgements with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after the LICENSEE’S execution of this Agreement which, in the judgement of the LICENSEE, bears on the validity or scope of any LICENSED PATENT, the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT to which it is asserted to apply that the terms of the Agreement in respect to such LICENSED PATENT should be modified. 14.3 The LICENSEE, after the LICENSE COMMENCEMENT DATE, may assert the invalidity of any claim in any LICENSED PATENT, if coupled with or followed by: (a) Withholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement in respect to the LICENSEE’S operations under such claim; or (b) Initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S operations under this Agreement, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement including its obligation for payment of royalties due from the date of the termination.

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of the LICENSED PATENT PATENT(S) to LICENSEE is in issue, a judgement judgment or decree is entered which becomes final (below referred to as a an “final judgementjudgment”), the construction placed upon any such claim by such final judgement judgment shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement judgment holds any claim invalid, LICENSEE shall be relieved prospectively (1) from including in its reports ROYALTY-BASE PRODUCTS and ROYALTY-BASE SERVICES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement judgment is applicable, and (2) from the performance of those other acts which may be required by this Agreement only because of any such claim. However, if there are two or more conflicting final judgements judgments with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after subsequent to the LICENSEE’S execution of this Agreement which, in the judgement judgment of the LICENSEE, bears on the validity or scope of any LICENSED PATENTPATENT(S), the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT PATENT(S) to which it is asserted to apply that the terms of the Agreement license in respect to such LICENSED PATENT PATENT(S) should be modified. 14.3 The LICENSEE, after subsequent to the LICENSE COMMENCEMENT DATEdate of its execution of this Agreement, may assert the invalidity of any claim in any LICENSED PATENTPATENT(S), if coupled with or followed by: (a) Withholdingwithholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement in respect to the LICENSEE’S operations under such claim; or (b) Initiation initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S operations under this Agreement, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement including its obligation for payment of royalties due from the date of the termination. 14.4 If an action by a THIRD PARTY requires the LICENSEE to defend its right to practice the LICENSED PATENT(S) pursuant to this Agreement, then LICENSOR may, in its sole discretion, cooperate and assist in all respects and, to the extent possible, make available relevant records, papers, information, samples, models, specimens; and the like.

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of the LICENSED PATENT to LICENSEE is in issue, a judgement judgment or decree is entered which becomes final (below referred to as a “final judgementjudgment”), the construction placed upon any such claim by such final judgement judgment shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement judgment holds any claim invalid, LICENSEE shall be relieved prospectively (1) from including in its reports ROYALTY-BASE PRODUCTS and PRODUCTS, ROYALTY-BASE PROCESSES or ROYALTY-BASE SERVICES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement judgment is applicable, and (2) from the performance of those other acts which may be required by this Agreement AGREEMENT only because of any such claim. However, if there are two or more conflicting final judgements judgments with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after the LICENSEE’S execution of this Agreement which, in the judgement judgment of the LICENSEE, bears on the validity or scope of any LICENSED PATENT, the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT to which it is asserted to apply that the terms of the Agreement AGREEMENT in respect to such LICENSED PATENT should be modified. 14.3 The LICENSEE, after the LICENSE COMMENCEMENT DATE, may assert the invalidity of any claim in any LICENSED PATENT, if coupled with or followed by: (a) Withholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement AGREEMENT in respect to the LICENSEE’S operations under such claim; or (b) Initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S operations under this AgreementAGREEMENT, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement AGREEMENT including its obligation for payment of royalties due from the date of the termination.

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of the LICENSED PATENT to LICENSEE is in issue, a judgement judgment or decree is entered which becomes final (below referred to as a an “final judgementjudgment”), the construction placed upon any such claim by such final judgement judgment shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement judgment holds any claim invalid, LICENSEE shall be relieved prospectively (1a) from including in its reports ROYALTY-ROYALTY- BASE PRODUCTS PRODUCTS, PROCESSES and ROYALTY-BASE SERVICES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement judgment is applicable, and (2b) from the performance of those other acts which may be required by this Agreement AGREEMENT only because of any such claim. However, if there are two or more conflicting final judgements judgments with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after the LICENSEE’S execution of this Agreement whichthat, in the judgement judgment of the LICENSEE, bears on the validity or scope of any LICENSED PATENT, the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT to which it is asserted to apply that the terms of the Agreement license in respect to such LICENSED PATENT should be modified. 14.3 The LICENSEE, after the LICENSE COMMENCEMENT DATE, may assert the invalidity of any claim in any LICENSED PATENT, if coupled with or followed by: (a) Withholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement in respect to the LICENSEE’S operations under such claim; or, (b) Initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S ’s operations under this AgreementAGREEMENT, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S ’s termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement AGREEMENT including its obligation for payment of royalties due from the date of the termination.

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of any of the LICENSED PATENT to LICENSEE PATENTS is in issue, a judgement or decree is entered which becomes final (below referred to as a “an "final judgement”"), the construction placed upon any such claim by such final judgement shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement holds any claim invalid, LICENSEE shall be relieved prospectively (1) from including in its reports ROYALTY-BASE PRODUCTS and ROYALTY-BASE SERVICES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement is applicable, and (2) from the performance of those other acts which may be required by this Agreement AGREEMENT only because of any such claim. However, if there are two or more conflicting final judgements with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after subsequent to the LICENSEE’S 's execution of this Agreement AGREEMENT which, in the judgement of the LICENSEE, bears on the validity or scope of any LICENSED PATENTPATENT(S), the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT PATENT(S) to which it is asserted to apply that the terms of the Agreement license in respect to such LICENSED PATENT PATENT(S) should be modified. 14.3 The LICENSEE, after subsequent to the LICENSE COMMENCEMENT DATEdate of its execution of this AGREEMENT, may assert the invalidity of any claim in any LICENSED PATENTPATENT(S), if coupled with or followed by: (a) Withholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement AGREEMENT in respect to the LICENSEE’S 's operations under such claim; or (b) Initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S 's operations under this AgreementAGREEMENT, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S 's termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement AGREEMENT including its obligation for payment of royalties due from the date of the termination.

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of the LICENSED PATENT to LICENSEE is in issue, a judgement or decree is entered which becomes final (below referred to as a an “final judgement”), the construction placed upon any such claim by such final judgement shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement holds any claim invalid, LICENSEE shall be relieved prospectively (1a) from including in its reports ROYALTY-BASE PRODUCTS and ROYALTY-BASE SERVICES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement is applicable, and (2b) from the performance of those other acts which may be required by this Agreement AGREEMENT only because of any such claim. However, if there are two or more conflicting final judgements with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after the LICENSEE’S execution of this Agreement whichthat, in the judgement of the LICENSEE, bears on the validity or scope of any LICENSED PATENT, the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT to which it is asserted to apply that the terms of the Agreement license in respect to such LICENSED PATENT should be modified. 14.3 The LICENSEE, after the LICENSE COMMENCEMENT DATE, may assert the invalidity of any claim in any LICENSED PATENT, if coupled with or followed by: (a) Withholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement AGREEMENT in respect to the LICENSEE’S ’s operations under such claim; or (b) Initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S ’s operations under this AgreementAGREEMENT, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S ’s termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement AGREEMENT including its obligation for payment of royalties due from the date of the termination.

Patent Validity. 14.1 If, in any proceeding in which the validity, infringement, or priority of invention of any claim of the LICENSED PATENT to LICENSEE is in issue, a judgement judgment or decree is entered which becomes final (below referred to as a an “final judgementjudgment”), the construction placed upon any such claim by such final judgement judgment shall thereafter be followed, not only as to such claim but as to all claims to which such construction applies, with respect to subsequently occurring acts. If such final judgement judgment holds any claim invalid, LICENSEE shall be relieved prospectively (1a) from including in its reports ROYALTY-BASE PRODUCTS and ROYALTY-BASE SERVICES AND PROCESSES sold or otherwise disposed of covered only by such claim or any broader claim to which such final judgement judgment is applicable, and (2b) from the performance of those other acts which may be required by this Agreement AGREEMENT only because of any such claim. However, if there are two or more conflicting final judgements judgments with respect to the same claim based on the same grounds or where the same issues were raised, the decision of the higher tribunal shall be followed, but if the tribunals be of equal dignity, then the decision more favorable to the claim shall be followed. In the event of conflicting irrevocable judgments of the Supreme Court of the United States, the latest shall control. 14.2 In the event evidentiary material comes to the attention of the LICENSEE after the LICENSEE’S execution of this Agreement whichthat, in the judgement judgment of the LICENSEE, bears on the validity or scope of any LICENSED PATENT, the LICENSOR will in good faith discuss with the LICENSEE whether such evidentiary material so affects the validity or scope of the LICENSED PATENT to which it is asserted to apply that the terms of the Agreement license in respect to such LICENSED PATENT should be modified. 14.3 The LICENSEE, after the LICENSE COMMENCEMENT DATE, may assert the invalidity of any claim in any LICENSED PATENT, if coupled with or followed by: (a) Withholding, or notice of intention to withhold, or denial of obligation to pay, royalties otherwise payable under this Agreement AGREEMENT in respect to the LICENSEE’S ’s operations under such claim; or (b) Initiation or participation in a suit challenging or denying the validity of such claim in reference to LICENSEE’S ’s operations under this AgreementAGREEMENT, that may, at the option of the LICENSOR, be conclusively presumed to constitute LICENSEE’S ’s termination, as of the earliest provable date of such withholding, notice, denial, initiation, or participation, of its Agreement AGREEMENT including its obligation for payment of royalties due from the date of the termination.