definiens: shall mean CMCC Case 23 ( MIT Case 4973 ) and CMCC Case 30 ( MIT Case 4279 ) ( a ) Co - Licensed Cases . Licensee shall be responsibl e for payment of Fifty Percent ( 50 % ) of the total unreimbursed patent costs incurred by MIT on and after May 1, 2011, for the Patent Rights in the Co - Licensed Cases . As of May 1, 2011, there is another licensee paying Fifty Percent ( 50 % ) of the total unreimbursed patent costs incurred by MIT for the Patent Rights in the Co- Licensed Cases ( ) . In the event that t he Third Party abandons its rights to the Co - Licensed Cases, Licensee shall pay One Hundr ed Percent ( 100 % ) of the costs of the Co -Licensed Cases from the date of abandonment of such rights by the Third Party