Common use of Validity of Certain Patents of the Parties Clause in Contracts

Validity of Certain Patents of the Parties. From the Effective Date to the stated expiration date of this Agreement (regardless of any earlier termination), (i) DSM acknowledges and agrees that (A) Martek’s patents (including those of its Affiliates) listed on Schedule 7.2(a)(i) and Schedule 2.62, (B) any patents which issue from the applications listed on Schedule 7.2(a)(i) and Schedule 2.62, and (C) all related family members of the patents listed on Schedule 7.2(a)(i) and Schedule 2.62, issued under the laws of any country, shall be presumed valid and enforceable and, to the maximum extent permitted under applicable law, DSM agrees not to, and shall cause each of its Affiliates not to, challenge the validity or enforceability of such patents, through any legal action or proceeding of any nature whatsoever, including, but not limited to, any action in federal district court seeking to declare the invalidity of such patents, and (ii) Martek acknowledges and agrees that (A) DSM’s patents (including those of its Affiliates) listed on Schedule 2.50, (B) any patents which issue from the applications listed on Schedule 2.50, and (C) all related family members of the patents listed on Schedule 2.50, issued under the laws of any country, shall be presumed valid and enforceable and, to the maximum extent permitted under applicable law, Martek agrees not to, and shall cause each of its Affiliates not to, challenge the validity or enforceability of such patents, through any legal action or proceeding of any nature whatsoever, including, but not limited to, any action in federal district court seeking to declare the invalidity of such patents. It is understood and agreed that Schedule 7.2(a)(i), Schedule 2.62, and Schedule 2.50 may be amended and updated from time to time after the Signing Date with the written consent of the parties to include patents filed, acquired or licensed by each of the parties or to delete patents that are no longer valid. It is further understood and agreed that a Notifying Party that challenges the scope of a Responding Party’s patents, but not their validity or enforceability, pursuant to Section 5.5 will not be deemed to be in violation of this Section.

Validity of Certain Patents of the Parties. From the Effective Date of the Alliance to the stated expiration date of this Restated Agreement (regardless of any earlier termination), (i) DSM acknowledges and agrees that (A) Martek’s patents Patents (including those of its Affiliates) listed on Schedule 7.2(a)(i2.64 (Excluded Subject Matter) and Schedule 2.622.108 (Martek Patents), (B) any patents which that issue from the applications listed on Schedule 7.2(a)(i) and 2.64 or Schedule 2.62, 2.108 and (C) all related family members of the patents listed on Schedule 7.2(a)(i) 2.64 and Schedule 2.62, 2.108 issued under the laws of any country, shall be presumed valid and enforceable and, to the maximum extent permitted under applicable law, DSM agrees not to, and shall cause each of its Affiliates not to, challenge the validity or enforceability of such patents, through any legal action or proceeding of any nature whatsoever, including, but not limited to, any action in federal district court seeking to declare the invalidity of such patents, and (ii) Martek acknowledges and agrees that (A) DSM’s patents Patents (including those of its Affiliates) listed on Schedule 2.50, 2.54 (B) any patents which issue from the applications listed on Schedule 2.502.54, and (C) all related family members of the patents listed on Schedule 2.502.54, issued under the laws of any country, shall be presumed valid and enforceable and, to the maximum extent permitted under applicable law, Martek agrees not to, and shall cause each of its Affiliates not to, challenge the validity or enforceability of such patents, through any legal action or proceeding of any nature whatsoever, including, but not limited to, any action in federal district court seeking to declare the invalidity of such patents. It is understood and agreed that Schedule 7.2(a)(i2.64 (Excluded Subject Matter), Schedule 2.62, 2.54 (DSM Patents) and Schedule 2.50 2.108 (Martek Patents) may be amended and updated from time to time after the Signing Restatement Effective Date with the written consent of the parties to include patents patent rights filed, acquired or licensed by each of the parties or to delete patents that the parties agree are no longer valid. Upon inclusion on any such Schedule, such patent rights shall be removed from any other definition of a set of patent rights for purposes of this Restated Agreement. It is further understood and agreed that a Notifying Party that challenges the scope of a Responding Party’s patents, but not their validity or enforceability, pursuant to Section 5.5 will not be deemed to be in violation of this Section.. * The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and Exchange Commission