Common use of Validity Challenge Clause in Contracts

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (a) LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (b) any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and; (c) LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: : (a) LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (ab) LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (bc) any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and; (cd) LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: : (a) LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (ab) LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (bc) any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and; (cd) LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.. for reference only

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: : (a) LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (ab) LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (bc) any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and; (cd) LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.believes

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: for reference only LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (a) LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (b) any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and; (c) LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: : (a) LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (ab) LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (bc) any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and;; for reference only (cd) LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.

Validity Challenge. Should LICENSEE or a SUBLICENSEE, itself or through a third party, bring an action seeking to invalidate any REGENTS’ PATENT RIGHTS and notwithstanding the earned royalty rates listed above: LICENSEE or the SUBLICENSEE will pay royalties to REGENTS at the rate of two times Y percent (2xY%) of the NET SALES of all LICENSED PRODUCTS SOLD during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by LICENSEE is both valid and infringed by a LICENSED PRODUCT, LICENSEE or the SUBLICENSEE will pay royalties at the rate of three times Y percent (3xY%) of the NET SALES of all LICENSED PRODUCTS SOLD, when Y is the royalty rate in 6.1, (a) , LICENSEE or the SUBLICENSEE will have no right to recoup any royalties paid before or during the period challenge, (b) , any dispute regarding the validity of any REGENTS’ PATENT RIGHTS will be litigated in the courts located in California, and the parties agree not to challenge personal jurisdiction in that forum, and; (c) ; LICENSEE or the SUBLICENSEE will provide written notice to REGENTS at least three months prior to bringing an action seeking to invalidate any REGENTS’ PATENT RIGHTS. LICENSEE or the SUBLICENSEE will include with such written notice an identification of all prior art it believes invalidates any claim of REGENTS’ PATENT RIGHTS.