AND OTHER INTELLECTUAL PROPERTY
10.1
CASE PROPERTY.
INTELLECTUAL PROPERTY RIGHTS TO LICENSED
TECHNOLOGY, SUCH AS PATENT RIGHTS, AND CASE'S COPYRIGHTS, WILL REMAIN THE
PROPERTY OF CASE.
TRADEMARKS OWNED BY CASE EXISTING ON THE EFFECTIVE DATE OF
THIS LICENSE AGREEMENT RELATED TO THE LICENSED TECHNOLOGY BELONG TO CASE.
10.2
LICENSEE SHALL BEAR ALL PATENTING COSTS FOR PROSECUTION AND
MAINTENANCE OF PATENTS INCLUDED IN THE LICENSED TECHNOLOGY THAT ARE REASONABLY
INCURRED OR DUE PRIOR TO TERMINATION OF THIS AGREEMENT ACCORDING TO THE
FOLLOWING TERMS.
LICENSEE WILL REIMBURSE CASE FOR THE FOLLOWING FEES AND
EXPENSES RELATED TO SUCH PATENTING THAT HAVE BEEN INCURRED AS OF THE EFFECTIVE
DATE, AS FOLLOWS: (I) [********] OF PAST FEES AND EXPENSES SHALL BE DUE WITHIN
THIRTY (30) DAYS OF RECEIPT OF AN INVOICE OR BILL FROM CASE, NOT TO EXCEED
[********], AND (II) [********] OF PAST FEES AND EXPENSES SHALL BE DUE UPON
PRODUCT LAUNCH, NOT TO EXCEED [********].
LICENSEE SHALL REIMBURSE CASE FOR ALL
REASONABLE FUTURE FEES AND EXPENSES RELATED TO THE PATENT RIGHTS IN THOSE
COUNTRIES AGREED UPON BY LICENSEE WITHIN THIRTY (30) DAYS OF THE RECEIPT OF EACH
INVOICE OR BILL.
SHOULD LICENSED TECHNOLOGY BE LICENSED TO OTHERS, THOSE
PATENTING AND OTHER INTELLECTUAL PROPERTY PROTECTION COSTS WHICH ARE INCURRED
AFTER THAT POINT SHALL BE PRO-RATED AMONG ALL LICENSES IN PROPORTION TO THE
NUMBER OF LICENSES IN EFFECT AT THE TIME THE COSTS ARE INCURRED.
CASE WILL USE
REASONABLE BEST EFFORTS TO MANAGE EFFICIENTLY PATENT PROSECUTION AND EXPENSES
AND SHALL KEEP LICENSEE ADVISED OF SUCH EXPENSES.
LICENSEE SHALL HAVE
REASONABLE INPUT INTO CONSIDERATION OF ISSUES RELATING TO PROSECUTION AND
MAINTENANCE OF PATENTS COVERING THE LICENSED TECHNOLOGY, BUT CASE SHALL RETAIN
ULTIMATE CONTROL AND DECISION-MAKING AUTHORITY WITH RESPECT THERETO.
10.3
CASE HAS APPLIED FOR, AND/OR WILL APPLY FOR AND PROSECUTE PATENT
RIGHTS, AT LICENSEE'S EXPENSE, IN ANY COUNTRY THAT IS REQUESTED BY LICENSEE, FOR
ANY AND ALL PATENT APPLICATIONS AND PATENTS LISTED IN ATTACHMENT A, TO THE
EXTENT THAT SUCH PROTECTION IS REASONABLY OBTAINABLE.
LICENSEE WILL NOT BE
RESPONSIBLE FOR PATENT COSTS ASSOCIATED WITH FOREIGN PROSECUTION UNLESS SUCH
FOREIGN PURSUIT HAS FIRST BEEN APPROVED BY LICENSEE IN WRITING.
IF SUCH WRITTEN
APPROVAL IS NOT DELIVERED TO CASE WITHIN THIRTY (30) DAYS OF CASE'S WRITTEN
REQUEST THEREFOR, LICENSEE SHALL HAVE NO RIGHTS CONCERNING THOSE SPECIFIC PATENT
RIGHTS INCLUDED IN THE PATENT RIGHTS IN SUCH COUNTRY(IES).
10.4
CASE MAY, AT ITS OPTION AND SOLE DISCRETION AND AT ITS OWN EXPENSE,
PURSUE PATENT, COPYRIGHT AND/OR TRADEMARK RIGHTS FOR LICENSED TECHNOLOGY IN ANY
COUNTRY FOR WHICH COVERAGE HAS NOT BEEN REQUESTED BY LICENSEE IN ACCORDANCE WITH
SUBSECTION 10.3 ABOVE.
IF LICENSEE DOES NOT REIMBURSE CASE FOR SUCH FEES WITHIN
THIRTY (30) DAYS OF THE RECEIPT OF A RELATED INVOICE OR BILL, THEN LICENSEE
SHALL HAVE NO RIGHTS UNDER ANY OF THOSE SPECIFIC PATENT RIGHTS INCLUDED IN THE
PATENT RIGHTS IN THAT COUNTRY AND SHALL HAVE NO RIGHTS TO PRACTICE UNDER SUCH
PATENT IN SUCH COUNTRY.
PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE
SECRETARY OF