Common Interest Information Sample Clauses
Common Interest Information. UNIVERSITY and LICENSEE agree that “COMMON INTEREST INFORMATION” shall mean any and all information shared between UNIVERSITY and LICENSEE, or their counsel, to advance their common interest and/or relating in any way to the COMMON INTEREST, including, but not limited to, information exchanged through oral, written, electronic or other means, documents, prior art, factual material, mental impressions, strategies, legal theories and analysis, memoranda, expert analysis and opinions, interviews and interview reports, witness statements and other information, analysis and conclusions belonging to either or both PARTIES and communications between the PARTIES and their counsel.
Common Interest Information. Common Interest Information means any information, including any confidential or privileged information, shared between the Parties to facilitate the purposes of this Agreement, including, without limitation, any information generated by Allied Organizations that is disclosed or shared among the Parties, the amicus request form submitted by the Amicus Requestor, any documentation provided by the Amicus Requestor in support of the amicus request, and any information exchanged by the Parties after the amicus request was submitted to the League. Common Interest Information does not include any publicly available information.
Common Interest Information. The provisions of this section 9 (collectively, the “Common-Interest Protocol”) shall govern the treatment of Common-Interest Information and certain other information, documents, and/or materials.
a. The Parties agree and understand that, except as otherwise provided in this Agreement, the Common-Interest Protocol does not, and is not intended to, restrain or limit their ability to conduct their respective prosecutions or defenses of any claim(s). Each of the Parties may investigate and develop independent information concerning or arising out of, and may advance any argument or claim based upon, any matter or thing which constitutes Common-Interest Information. Moreover, nothing in the Common-Interest Protocol shall bind or obligate any Party to agree to a course of action or to take any specific action with respect to the Specified Litigation.
b. Some or all of the Common-Interest Information may be protected from disclosure as a result of the attorney-client privilege, the work product doctrine, or other applicable privileges, immunities, or protections (collectively, “Privileges and Protections”). The Parties desire, intend, and mutually agree that (a) the exchange of Common-Interest Information is not intended to, and shall not, waive or diminish the Privileges and Protections that attached to the Common-Interest Information prior to their exchange, and (b) all Common-Interest Information exchanged shall, to the extent that it is covered by any Privileges and Protections, remain so covered. The Parties also intend and agree that any exchange of Common-Interest Information will not constitute a waiver of any other rights the Parties may possess.
c. Except as provided in sections 9.d and 9.e below, the Parties will not disclose the existence or contents of any Common-Interest Information to any person, entity, department, or agency, except that the Parties may disclose the existence or contents of Common-Interest Information to other Parties and their counsel, employees, and agents and to any experts working on behalf of or under the direction of the Parties (provided, however, that any such counsel, employees, agents or expert agrees to abide by all of the terms of the Common-Interest Protocol), without first obtaining the consent of the Party from which the Common-Interest Information was originally furnished.
d. It is expressly understood that nothing contained in the Common-Interest Protocol, including the provisions of section 9.c above, shall lim...