Future Patents. LSU may, from time to time, acquire patent rights that may be improvements to the inventions of Licensed Patents, and the scope of whose claims lies entirely within the scope of the claims of Licensed Patents. Licensee may, or may not, desire to make, use, sell, or import improved Licensed Products that are covered by any such future patent rights. Accordingly, at Licensee's request LSU and Licensee shall, to the extent not inconsistent with LSU's other contractual obligations (by way of example, contractual obligations incurred by LSU consistent with paragraph 2.10 below), negotiate in good faith, for a period of six months from the date LSU first notifies Licensee of the existence of such patent rights, to attempt to seek a mutually satisfactory solution to avoid any unauthorized infringement of such patent rights by improved Licensed Products made, used, sold, or imported by Licensee. This obligation is an obligation only to negotiate in good faith for a period of six months, and does not require either Party to enter into any agreement respecting such patent rights that is not mutually satisfactory to both parties.
Appears in 2 contracts
Sources: License Agreement (Demegen Inc), License and Royalty Agreement (Demegen Inc)