Responsibility for Transferred Patents. With respect to the Transferred Patents, JDSU shall pay all fees incurred and respond to all office actions due up to and including the Effective Date, and Lumentum shall, in its sole discretion, pay all fees incurred and respond to all office actions due subsequent to the Effective Date. JDSU shall forward to Lumentum copies of all patent office correspondence received by JDSU and copies of all patent attorney and agent correspondence received by JDSU related to the Transferred Patents for one hundred and eighty (180) days after the Distribution Date. JDSU shall provide to Lumentum on or before the Effective Date a copy of all digitally stored files relating to the Transferred Patents, and shall retain in accordance with JDSU’s retention policy for JDSU patents, any hard-copy records related to the Transferred Patents (“Lumentum Patent Records”) in JDSU’s possession on the Effective Date, and JDSU shall provide Lumentum with timely access to the Lumentum Patent Records during normal business hours upon Lumentum’s reasonable request. The foregoing notwithstanding, in no case shall JDSU’s obligation to retain any Lumentum Patent Records extend beyond ten (10) years from the Effective Date. The provisions in this Section 2.1(c) recite the only responsibilities of JDSU for the Transferred Patents after the Effective Date.
Appears in 4 contracts
Samples: Intellectual Property Matters Agreement (Lumentum Holdings Inc.), Intellectual Property Matters Agreement (Viavi Solutions Inc.), Intellectual Property Matters Agreement (Lumentum Holdings Inc.)
