Common use of Patent Challenges Clause in Contracts

Patent Challenges. (a) Syneron and Syneron Subsidiaries shall not directly or indirectly (i) bring, pursue, maintain, assert or raise, (ii) cause or support any Syneron Sublicensee to bring, pursue, maintain, assert or raise or (iii) cause or support any Third Party to bring, pursue, maintain, assert or raise, in each case any claim, counterclaim, defense or other contention or assertion in any court or other governmental forum of competent jurisdiction (including any patent office) seeking a judgment or other decision that any claims of the ▇▇▇▇▇▇▇▇ Patents are invalid or unenforceable or not patentable (any such claim or other assertion, a “Patent Challenge”). For clarity, compelled testimony (including oral, documentary or other testimony in response to any Third Party subpoena) shall not amount to a “Patent Challenge” hereunder, provided that (a) Syneron provides Palomar with advance written notice of such testimony as early as practicable, and (b) such testimony is limited to the scope required by law to the extent possible. (b) Syneron acknowledges and agrees that the provisions of this Section 7.4 are reasonable, valid and necessary for the adequate protection of Palomar’s interest in and to the ▇▇▇▇▇▇▇▇ Patents, and that Palomar would not have granted to Syneron and its Affiliates the non-exclusive sublicense under the ▇▇▇▇▇▇▇▇ Patents provided for in Section 2 or otherwise entered into the Settlement Agreement without all of the provisions of this Section 7.4. Palomar shall have the right, at any time in its sole discretion, to strike this Section 7.4 in part or in full from this Agreement, and Palomar shall have no liability of any kind whatsoever as a result of the presence or absence of this Section 7.4. This Section 7.4 shall not be understood or applied to alter any standing or jurisdictional requirements that may apply to any Patent Challenge.