Definition of Post-Appeal Decision

  1. Post-Appeal Decision means an Other Settlement occurring during the Term and following a decision by the Federal Appellate Court (regardless of whether the appellate court decision results in additional trials and/or appeals). For the sake of clarity, with respect an Other Settlement occurring after the Final District Court Decision, if the settlement amount is less than the Award Amount, there shall be no Other Success Fee payable to 3LP with respect to that Other Settlement. Also, if a Settlement pursuant to this Section 5(d) includes a patent license, the portion of the Success Fee payable to 3LP in respect of such license shall be calculated in accordance with this Section 5(d) and not Section 5(a) hereof.

Definition of Post-Appeal Decision in Services Agreement

Post-Appeal Decision means an Other Settlement occurring during the Term and following a decision by the Federal Appellate Court (regardless of whether the appellate court decision results in additional trials and/or appeals). For the sake of clarity, with respect an Other Settlement occurring after the Final District Court Decision, if the settlement amount is less than the Award Amount, there shall be no Other Success Fee payable to 3LP with respect to that Other Settlement. Also, if a Settlement pursuant to this Section 5(d) includes a patent license, the portion of the Success Fee payable to 3LP in respect of such license shall be calculated in accordance with this Section 5(d) and not Section 5(a) hereof.