Challenges to Patents Sample Clauses
Challenges to Patents a. Subject to receipt of the payments set forth in Section 4 and the execution of the documents set forth in Exhibits 1 and 2, ViaSat, on behalf of itself and its Affiliates and Future Subsidiaries, covenants not to challenge the validity of: (i) any Covered SS/L Patents in any judicial or administrative proceeding, including any re-examination or inter partes review or similar procedure, unless it or an Affiliate or Future Subsidiary of it or a customer or supplier of it (with respect to that customer’s or supplier’s project or transaction with ViaSat) is accused of infringement of any such Covered SS/L Patents after the Effective Date by a person or entity with standing to make such an accusation; or (ii) any SS/L patent for two years following the Effective Date, unless it or an Affiliate or Future Subsidiary of it or a customer or supplier of it (with respect to that customer’s or supplier’s project or transaction with ViaSat) is accused of infringement of any such patent after the Effective Date by a person or entity with standing to make such an accusation.
b. Subject to the execution of the documents set forth in Exhibits 1 and 2, LS&C and SS/L, on behalf of themselves and their Affiliates and Future Subsidiaries, covenant not to challenge the validity of: (i) any Covered ViaSat Patents in any judicial or administrative proceeding, including any re-examination or inter partes review or similar procedure, unless LS&C or SS/L (as applicable) or one of its Affiliates or Future Subsidiaries or a customer or supplier of LS&C or SS/L (with respect to that customer’s or supplier’s project or transaction with LS&C or SS/L) is accused of infringement of any such Covered ViaSat Patents after the Effective Date by a person or entity with standing to make such an accusation; or (ii) any ViaSat patent for two years following the Effective Date, unless LS&C or SS/L (as applicable) or one of its Affiliates or Future Subsidiaries or a customer or supplier of LS&C or SS/L (with respect to that customer’s or supplier’s project or transaction with LS&C or SS/L) is accused of infringement of any such patent after the Effective Date by a person or entity with standing to make such an accusation.
