Common use of Opposition Proceedings Clause in Contracts

Opposition Proceedings. Neither Party ("OPPOSING PARTY") nor its Subsidiaries will present arguments, or request, encourage or assist any designee, agent, or nominee or other strawman to present arguments, in any opposition proceedings (which, for clarity, include reexaminations but do not include interference proceedings) (i) directed against any claim of any Class A Patent of the other Party or any of its Subsidiaries, to the extent that such claim only covers subject matter that falls within the definition of the Licensed Products of the Opposing Party, or (ii) to the extent that the other Party covenants to the Opposing Party, in a form binding on the other Party and its Subsidiaries and assigns, that it will never contend against the Opposing Party or its Subsidiaries or their respective vendors, direct and indirect resellers, distributors, users and other customers that such claim covers subject matter that falls outside the definition of the Licensed Products of the Opposing Party. Each Party shall have the right, but not the obligation, at any time to provide the other Party with written notice identifying Subsidiaries of such Party. If an Opposing Party presents arguments, or requests, encourages or assists any designee, agent, or nominee or other strawman to present arguments, in any opposition proceeding against a Subsidiary of the other Party that does not do business under a name including the name of the other Party and has not previously been identified in writing to the Opposing Party, or that the Opposing Party does not actually know to be a Subsidiary of the other Party, then such presentation, request, encouragement or assistance shall not be deemed to be a breach of this Section 4.1, provided that, upon receipt of written notice from the other Party of such Subsidiary relationship, such Opposing Party shall promptly withdraw from such opposition proceeding.

Opposition Proceedings. Neither Party ("“OPPOSING PARTY"”) nor its Subsidiaries will present arguments, or request, encourage or assist any designee, agent, or nominee or other strawman to present arguments, in any opposition proceedings (which, for clarity, include reexaminations but do not include interference proceedings) (i) directed against any claim of any Class A Patent of the other Party or any of its Subsidiaries, to the extent that such claim only covers subject matter that falls within the definition of the Licensed Products of the Opposing Party, or (ii) to the extent that the other Party covenants to the Opposing Party, in a form binding on the other Party and its Subsidiaries and assigns, that it will never contend against the Opposing Party or its Subsidiaries or their respective vendors, direct and indirect resellers, distributors, users and other customers that such claim covers subject matter that falls outside the definition of the Licensed Products of the Opposing Party. Each Party shall have the right, but not the obligation, at any time to provide the other Party with written notice identifying Subsidiaries of such Party. If an Opposing Party presents arguments, or requests, encourages or assists any designee, agent, or nominee or other strawman to present arguments, in any opposition proceeding against a Subsidiary of the other Party that does not do business under a name including the name of the other Party and has not previously been identified in writing to the Opposing Party, or that the Opposing Party does not actually know to be a Subsidiary of the other Party, then such presentation, request, encouragement or assistance shall not be deemed to be a breach of this Section 4.1, provided that, upon receipt of written notice from the other Party of such Subsidiary relationship, such Opposing Party shall promptly withdraw from such opposition proceeding.