Common use of Defense of Counterclaims and Declaratory Judgment Actions Clause in Contracts

Defense of Counterclaims and Declaratory Judgment Actions. The Law Firm shall defend any action or counterclaim relating to the `672 patent filed against the Client by a defendant in a Lawsuit or by any person with whom the Client has been engaged in License Negotiations, including but not limited to, any action or counterclaim for declaratory judgment of patent invalidity, unenforceability or non-infringement relating to the ‘672 Patent, or for any other claim that is substantively related to the ‘672 Patent or Client’s rights therein, on the basis specified in Paragraphs 3, 4 and 5 above. To the extent that any action, claim or counterclaim is asserted against the Client that does not fall within the scope of the preceding sentence, and the Client desires the Law Firm to defend the Client against such cause of action, the Law Firm and the Client may agree to such representation on such terms as are mutually acceptable.

Appears in 2 contracts

Samples: Legal Services Fee Agreement, Legal Services Fee Agreement (Forgent Networks Inc)

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Defense of Counterclaims and Declaratory Judgment Actions. The Law Firm Firms shall defend any action or counterclaim relating to the `672 patent Patents filed against the Client by a defendant in a Lawsuit or by any person with whom the Client has been engaged in License Negotiations, including but not limited to, any action or counterclaim for declaratory judgment of patent invalidity, unenforceability or non-infringement relating to the ‘672 PatentPatents, or for violation of the state or federal antitrust laws relating to the Patents, or for any other claim that is substantively related to the ‘672 Patent Patents or Client’s rights therein, on the basis specified in Paragraphs 3, 3 and 4 and 5 above. To the extent that any action, claim or counterclaim is asserted against the Client that does not fall within is unrelated to the scope subject matter of the preceding sentence, Patents and the Client desires the Law Firm Firms to defend the Client against such cause of action, the Law Firm Firms and the Client may agree to such representation on such terms as are mutually acceptable.

Appears in 1 contract

Samples: Legal Services Fee Agreement (Forgent Networks Inc)

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Defense of Counterclaims and Declaratory Judgment Actions. The Law Firm Firms shall defend any action or counterclaim relating to the `672 patent Patents filed against the Client by a defendant in a Lawsuit or by any person with whom the Client has been engaged in License Negotiations, including but not limited to, any action or counterclaim for declaratory judgment of patent invalidity, unenforceability or non-infringement relating to the ‘672 PatentPatents, or for violation of the state or federal antitrust laws relating to the Patents, or for any other claim that is substantively related to the ‘672 Patent Patents or Client’s 's rights therein, on the basis specified in Paragraphs 3, 3 and 4 and 5 above. To the extent that any action, claim or counterclaim is asserted against the Client that does not fall within is unrelated to the scope subject matter of the preceding sentence, Patents and the Client desires the Law Firm Firms to defend the Client against such cause of action, the Law Firm Firms and the Client may agree to such representation on such terms as are mutually acceptable.

Appears in 1 contract

Samples: Legal Services Fee Agreement (Forgent Networks Inc)

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