Patent Expert definition

Patent Expert means a patent expert independent from the parties hereto and from Licensors, which is designated and retained from time to time by Licensing Company to determine whether a Patent is an Essential Licensor Patent or to make other determinations as set forth in this License Agreement.
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Patent Expert has the meaning set forth in Section 15.10.
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Patent Expert means any person appointed in accordance with clause 17.3, for the purposes thereof;
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Examples of Patent Expert in a sentence

  • In the event that the Patent Expert determines that such Patent is or is not a Technically Essential Patent or a Commercially Essential Patent, such Patent shall be deleted from or added to the Essential Licensor Patent List as appropriate until such time, if ever, that the Patent Expert's decision is overturned by a court of competent jurisdiction.

  • 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.

  • In the event that a Licensee-Related Entity bringing such a claim does not agree that its Patent contains one or more necessary claims, such Patent shall be promptly submitted to a Patent Expert and Licensing Company’s right to revoke the Licensor’s Patents shall be suspended until the Patent Expert determines that such Patent contains a necessary claim.

  • The fees of the Patent Expert for such evaluation shall be borne by the Licensee unless the Patent Expert determines that such Patent does not contain one or more necessary claims, in which case the fees shall be borne by the relevant Licensor(s) contending that such Patent does contain one or more necessary claims.

  • The fees and expenses of the Patent Expert for such evaluation shall be borne by the Licensee pursuant to Appendix C of this License Agreement.

  • Should Licensee object to the inclusion or exclusion of any Patent owned by Licensors as a Technically Essential Patent or a Commercially Essential Patent in or from the Essential Licensor Patent List based on a contention set forth in a Notice of Challenge as defined in Appendix C of this License Agreement, such Patent shall be submitted to a Patent Expert to evaluate the subject Patent and resolve the contention.

  • The Parties shall reasonably cooperate with the Patent Expert, including providing such information as may reasonably be required by the Patent Expert to reach a decision.

  • The fees of the Patent Expert shall be shared equally between the Parties and the Parties shall use reasonable efforts to ensure resolution occurs as quickly as possible after referral to such Patent Expert.

  • Should Licensee object to the inclusion or exclusion of any Patent owned by Licensors as a Technically Essential Patent or a Commercially Essential Patent in or from the Essential Licensor Patent List based on a contention set forth in a Notice of Challenge as defined in Appendix D of this License Agreement, such Patent shall be submitted to a Patent Expert to evaluate the subject Patent and resolve the contention.

  • The decision of the Patent Expert shall be binding on the Parties in the absence of manifest error or fraud.