Common use of Patent Prosecution and Defense Clause in Contracts

Patent Prosecution and Defense. a. Biolase and SurgiLight shall share equally in all costs associated with the prosecution and maintenance of the Patents; provided, however, that in the event that SurgiLight elects not to proceed with the prosecution of any of the Patents, SurgiLight shall allow Biolase to continue and control prosecution and maintenance of such patent or patent application at its expense. In such case, SurgiLight shall continue to own such patent or patent application and be obligated to pay Biolase its prosecution and maintenance costs. Biolase would have a lien on that patent until they are repaid. b. Biolase shall be entitled to participate in the assertion and defense of the Patents in any infringement or other legal action (an "Action"); provided, however, (i) that Biolase shall only be obligated to pay up to twenty-five percent (25%) of such enforcement costs and (ii) if Biolase does not elect to participate in a significant enforcement action with respect to a Patent that is material then Biolase shall forfeit its rights to receive royalties with respect to such infringing party for its infringement of such Patent. If Biolase provides notice to SurgiLight that a third party is infringing any of the Patents in the Presbyopia Field of Use and SurgiLight decides not to take legal action against such third party, Biolase shall have the right, at its sole discretion to legally enforce such patent. If Biolase prevails in such enforcement, it shall be entitled to seventy-five percent (75%) of any net revenues, including, but not limited to, damages, license fees and royalties (wherein such revenues are net of Biolase's enforcement costs). SurgiLight shall be entitled to the remaining twenty-five percent (25%) of such revenues.

Patent Prosecution and Defense. a. Biolase and SurgiLight shall share equally in all costs associated with the prosecution and maintenance of the Patents; provided, however, that in the event that SurgiLight elects not to proceed with the prosecution of any of the Patents, SurgiLight shall allow Biolase to continue and control prosecution and maintenance of such patent or patent application at its expense. In such case, SurgiLight shall continue to own such patent or patent application and be obligated to pay Biolase its prosecution and maintenance costs. Biolase would have a lien on that patent until they are repaid. b. Biolase shall be entitled to participate in the assertion and defense of the Patents in any infringement or other legal action (an "“Action"”); provided, however, (i) that Biolase shall only be obligated to pay up to twenty-five percent (25%) of such enforcement costs and (ii) if Biolase does not elect to participate in a significant enforcement action with respect to a Patent that is material then Biolase shall forfeit its rights to receive royalties with respect to such infringing party for its infringement of such Patent. If Biolase provides notice to SurgiLight that a third party is infringing any of the Patents in the Presbyopia Field of Use and SurgiLight decides not to take legal action against such third party, Biolase shall have the right, at its sole discretion to legally enforce such patent. If Biolase prevails in such enforcement, it shall be entitled to seventy-five percent (75%) of any net revenues, including, but not limited to, damages, license fees and royalties (wherein such revenues are net of Biolase's ’s enforcement costs). SurgiLight shall be entitled to the remaining twenty-five percent (25%) of such revenues.