Common use of Revocation of Patents from License Clause in Contracts

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; or (c) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells any BD Product(s) or an Affiliate of such minority shareholder which manufactures or Sells any BD Product(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, to implement the relevant BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; (c) an Authorized Manufacturer or (cd) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells sells any BD Product(s) or an Affiliate of such minority shareholder which manufactures or Sells sells any BD Product(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, to implement the relevant BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. If the Licensee-Related Entity is an Authorized Manufacturer that is not an Affiliate, such Licensed Patent shall only be deemed removed for Licensed Products manufactured for Licensee or its Licensee Affiliates by such Authorized Manufacturer. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; (c) an Authorized Manufacturer or (cd) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells sells any BD Product(s) or an Affiliate of such minority shareholder which manufactures or Sells sells any BD Product(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, to implement the relevant BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. If the Licensee-Related Entity is an Authorized Manufacturer that is not an Affiliate, such Licensed Patent shall only be deemed removed for Licensed Products manufactured for Licensee or its Licensee Affiliates by such Authorized Manufacturer. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; (c) an Authorized Manufacturer or (cd) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells sells any BD Product(s) or an Affiliate of such minority shareholder which manufactures or Sells sells any BD Product(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, ) to implement the relevant BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. If the Licensee-Related Entity is an Authorized Manufacturer that is not an Affiliate, such Licensed Patent shall only be deemed removed for Licensed Products manufactured for Licensee or its Licensee Affiliates by such Authorized Manufacturer. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; or (c) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells any UHD or BD Product(sproduct(s) or an Affiliate of such minority shareholder which manufactures or Sells any UHD or BD Product(sproduct(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, to implement the relevant UHD Standards, BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; (c) an Authorized Manufacturer or (cd) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells sells any UHD or BD Product(s) or product(s)or an Affiliate of such minority shareholder which manufactures or Sells sells any UHD or BD Product(sproduct(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, ) to implement the relevant UHD Standards, BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. If the Licensee-Related Entity is an Authorized Manufacturer that is not an Affiliate, such Licensed Patent shall only be deemed removed for Licensed Products manufactured for Licensee or its Licensee Affiliates by such Authorized Manufacturer. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; (c) an Authorized Manufacturer or (cd) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells sells any UHD or BD Product(sproduct(s) or an Affiliate of such minority shareholder which manufactures or Sells sells any UHD or BD Product(sproduct(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, to implement the relevant UHD Standards, the BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-non- discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. If the Licensee- Related Entity is an Authorized Manufacturer that is not an Affiliate, such Licensed Patent shall only be deemed removed for Licensed Products manufactured for Licensee or its Licensee Affiliates by such Authorized Manufacturer. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

Revocation of Patents from License. “Licensee-Related Entity” means (a) Licensee; (b) an Affiliate of Licensee; (c) an Authorized Manufacturer or (cd) a minority shareholder having thirty percent (30%) ownership or more in Licensee or its Affiliates which manufactures or Sells sells any UHD or BD Product(sproduct(s) or an Affiliate of such minority shareholder which manufactures or Sells sells any UHD or BD Product(sproduct(s). A “Licensee Essential Patent” is a Patent that contains one or more claims which are (or which were, if Former Essential Patent) necessary (where “necessary” for the purposes of this paragraph only means that the claim is either necessarily infringed, or necessary as a practical matter on the basis that there are no economically viable substitutes, to implement the relevant UHD Standards, BD Software Standards, DVD Software Standards or CD Standards. Licensee acknowledges that in the event a Licensee-Related Entity has brought a claim for infringement of a Licensee Essential Patent in a lawsuit or other proceeding against one or more of the Licensors, or that a Licensee-Related Entity has refused to grant a Licensor a license under a Licensee Essential Patent on reasonable and non-discriminatory conditions, such Licensor’s Licensed Patents may be removed from any license granted by Licensing Company to such Licensee or its Licensee Affiliate. If the Licensee-Related Entity is an Authorized Manufacturer that is not an Affiliate, such Licensed Patent shall only be deemed removed for Licensed Products manufactured for Licensee or its Licensee Affiliates by such Authorized Manufacturer. In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim. The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.