Patent Issues Clause Samples

Patent Issues. The author has not been able to do a patent search, and is not aware of any patent appli- cation associated with the shortened signature schemes. Signcryption Schemes

Patent Issues. Notwithstanding (i) anything in Section 9.5 to the contrary, and (ii) the Parties’ expectation that Claims, if any, will arise out of or relate to the terms of this Agreement, and will not concern the validity, scope, enforceability or infringement of the patents licensed hereunder, any claims or counterclaims, including defenses thereto, which potentially concern the validity, scope, enforceability or infringement of any patent shall not be resolved by arbitration and instead must be resolved before in the United States District Court for the Western District of Wisconsin.

Patent Issues. Notwithstanding Section 9.6 to the contrary, AT&T, in its ------------- sole discretion, may decide that any Claim, including defenses thereto, which potentially concerns the validity, enforceability or infringement of the Licensed Patents, or any of AT&T's trade names, trademarks, service marks, or any other indicia of origin owned or controlled by AT&T, shall not be resolved by binding arbitration and instead must be resolved before a court of competent jurisdiction. If an arbitration is commenced by Licensee with regard to a Claim which potentially includes consideration of the validity, enforceability or infringement of the Licensed Patents, or any of AT&T's trade names, trademarks, service marks, or any other indicia of origin owned or controlled by AT&T, AT&T shall advise Licensee of its decision under this Section within 25 days after Commencement or, failing which, such issues shall be resolved by binding arbitration in accordance with Section 9.6. If AT&T decides that such Claim is not subject to binding arbitration, Licensee shall immediately advise CPR and withdraw such claim from consideration by CPR.

Patent Issues. 9.2.1 Motus and Sterling each shall have the right, in its sole discretion and at its own expense, to control the preparation, prosecution, and maintenance of Patents covering its Present Intellectual Property and Independently Developed Intellectual Property and to select all patent counsel or other professionals to advise, represent or act for it in all matters relating to such Patents. Each Party shall inform the other Party at reasonable regular intervals, or at such other Party’s reasonable request, about the status of any such Patents which are licensed to the other Party hereunder. 9.2.2 Motus shall be responsible for the preparation, prosecution and maintenance of Patents covering Intellectual Property arising from any joint activities of the Parties in connection with the development and manufacture of the Products (“Project Intellectual Property”) and to select all patent counsel or other professionals to advise, represent or act for the Parties in all matters relating to such Patents. Sterling shall cooperate and provide reasonable assistance to Motus to facilitate Patenting or Patent maintenance, and all patent expenses shall be borne by Motus (“Patent Expenses”). For all Patent applications on which the Parties cooperate in such fashion, Motus shall provide Sterling with copies of all documents and correspondence associated with the preparation and prosecution of such Patents at least fifteen (15) days prior to filing to enable Sterling to provide comments thereon. 9.2.3 If Motus or Sterling is threatened with suit or sued by a third party for intellectual property infringement because of activities in connection with the Project Intellectual Property, or in connection with the development, processing and/or distribution of Products or the Medical Device, the Party which has been threatened with suit or sued shall promptly notify the other Party in writing of such event. Motus and Sterling agree to take whatever action Motus deems appropriate in connection with such claim or suit. 9.2.4 If Motus or Sterling is threatened or sued by a third party for intellectual property infringement because of activities in connection with the Present Intellectual Property or Independently Developed Intellectual Property of any Party, then the Party which has been threatened with suit or sued shall promptly notify the other Party in writing of such event. The Party whose intellectual property is involved shall be responsible for defending such suit including,...

Patent Issues. 11.1 Preparation, Prosecution and Maintenance of Patent Applications and Patents

Patent Issues