Patent Defense. ZOLL agrees that it shall notify MASIMO of any claim by a third party that such third party believes that MASIMO Patents or Patent Rights are invalid. ZOLL agrees to promptly notify MASIMO of any such claim whether or not such claim is asserted in court by such third party. 12.6.1 During and after the term of this Agreement, ZOLL agrees not to challenge the validity of any of the Patent Rights. During the term of this Agreement, ZOLL agrees to disclose to MASIMO any prior art or any other information that is material to the validity of any of the Patent Rights or to the patentability of any pending MASIMO patent application of which ZOLL is aware.
Appears in 2 contracts
Sources: Purchasing and Licensing Agreement (Masimo Corp), Purchasing and Licensing Agreement (Masimo Corp)