Patentable Inventions. (a) As between Capital One and First Data, First Data shall have exclusive ownership of Patent Rights in patentable inventions, and all patentable improvements to such inventions, to the extent that such inventions or improvements were conceived and reduced to practice by one or more employees of First Data (collectively the “First Data Inventions”). (b) To the extent, if any, that any First Data Inventions are or may become [* * *] or [* * *] for the [* * *] and [* * *] of the [* * *] First Data hereby [* * *] (except to the extent otherwise permitted under this Agreement), [* * *] products and services [* * *], for the internal business purposes of the Permitted Licensees, [* * *] or any [* * *]. (c) If: (i) Capital One requests that First Data create a [* * *] under this Agreement, and (ii) in creating such [* * *] and (iii) Capital One [* * *] on the [* * *] embodying such First Data Invention, then Capital One shall have [* * *] as applicable, such [* * *]. At the [* * *] in this [* * *]. (d) To the extent, if any, that any First Data Inventions [* * *] are being used by Capital One after the effective date of termination or expiration of this Agreement in violation of Patent Rights of First Data or its Affiliates, then First Data [* * *] Capital One [* * *] using such First Data Invention. First Data (on its own behalf and on behalf of its Affiliates) [* * *] Capital One or any of the Permitted Licensees [* * *] such Patent Rights [* * *] and [* * *] and [* * *] by the [* * *].
Appears in 3 contracts
Sources: Services Agreement (Capital One Auto Receivables LLC), Services Agreement (Capital One Financial Corp), Services Agreement (Capital One Funding, LLC)