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.
Appears in 2 contracts
Sources: Settlement and Patent License Agreement, Settlement and Patent License Agreement (Vonage Holdings Corp)