Challenges from Other Persons Clause Samples

Challenges from Other Persons. If a Person notifies and provides documentation to the PatentBook Administrator and Publisher (Licensor) that a patent of the Publisher (Licensor) should not be included in the PatentBook or should be re-classified into a lower Tier, the Publisher (Licensor) shall either: (a) Authorize the PatentBook Administrator in writing to withdraw or withhold the Challenged Patent from the PatentBook, or to reclassify the Challenged Patent into the appropriate Tier; or (b) Notify the PatentBook Administrator and the challenging Person in writing that the Publisher (Licensor) continues to believe in good faith that the Challenged Patent should be included in the PatentBook or is properly classified, as the case may be. In such event, if the challenging Person desires to have a Patent Evaluator evaluate or re-evaluate the Challenged Patent, the Publisher (Licensor) shall submit the Challenged Patent and any supporting documentation to a Patent Evaluator for re-evaluation, provided the challenging Person pays all fees and expenses of the Patent Evaluator. In the event that the Patent Evaluator's evaluation confirms that the challenging Person was correct, the Publisher (Licensor) shall reimburse the challenging Person one-half of patent Evaluator fees and expenses not later than 30 days after the Patent Evaluator's evaluation was delivered to the Publisher (Licensor) provided, however, that the Publisher (Licensor) reimbursement to challenging Person shall in no event be greater than monies earned though payments received by publishing patent in the PatentBook. If monies earned by the Publisher (Licensor) from Publisher (Licensor) Patent prior to reclassification are insufficient to fully pay for Publisher (Licensor) half of expenses associated with re-Evaluation and Validation of PatentBook Patent, challenging Person will pay balance remaining.