Common use of Essential Patents that Cease to be Essential Patents Clause in Contracts

Essential Patents that Cease to be Essential Patents. In the event that Licensing Company becomes aware that a Patent that was originally listed on the Essential Licensor Patent List was determined by a Patent Expert or a court of competent jurisdiction as no longer qualifying as an Essential Licensor Patent (“Former Essential Patent(s)”), then Licensing Company shall modify the Essential Licensor Patent List accordingly. Upon Licensing Company modifying the Essential Licensor Patent List after such a determination, and provided that Licensee had entered into this License Agreement before the moment of such determination, such Patent will continue to be licensed pursuant to this License Agreement, unless Licensee notifies Licensing Company in writing of its wish that such Patent not be so included. Licensing Company and Licensee further acknowledge and agree that any changes to the Essential Licensor Patent List, as well as a determination that a Patent is a Former Essential Patent, shall not give rise to any adjustment of the Standard Rate or the royalties payable pursuant to this License Agreement and Licensee shall not be entitled to any refund by virtue of such changes.

Appears in 13 contracts

Samples: License Agreement, License Agreement, License Agreement

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