Common use of Litigation by Sublicensee Clause in Contracts

Litigation by Sublicensee. Any Sublicense must include the following clauses: (A) In the event sublicensee brings an action seeking to invalidate any Licensed Patent: (1) sublicensee will [***] during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee is both valid and infringed by a Licensed Product, sublicensee will [***] under the original Sublicense; (2) [***]; (3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in [***]; and (4) sublicensee shall not pay royalties into any escrow or other similar account. (B) Sublicensee will provide written notice to Stanford at least [***] prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice [***].

Litigation by Sublicensee. Any Sublicense or Third-Tier License, as applicable, must include the following clauses: (A) In the event sublicensee Sublicensee brings an action seeking to invalidate any Licensed Patent: (1) sublicensee Sublicensee will [***] during the pendency of such action. Moreover, should the outcome of such action determine that any claim of a patent challenged by the sublicensee Sublicensee is both valid and infringed by a Licensed Product, sublicensee Sublicensee will [***] under the original Sublicense; (2) [***]; (3) any dispute regarding the validity of any Licensed Patent shall be litigated in the courts located in [***]; and (4) sublicensee Sublicensee shall not pay royalties into any escrow or other similar account. (B) Sublicensee will provide written notice to Stanford at least [***] prior to bringing an action seeking to invalidate a Licensed Patent. Sublicensee will include with such written notice [***].