[***] have been separately filed with the Securities and Exchange
Commission.
2
1.7
"[***]" MEANS [***] (REGARDLESS OF [***]
NAME) THAT ARE [***],[***], [***] OR [***] OF [***], OR ARE [***] WITH [***] OR
[***] OR [***] AS [***], IN ALL CASES [***] AND IN SUBSTANTIAL [***] ON [***]
AND/OR TECHNOLOGIES [***] OR [***] BY SUCH PARTY OR ITS SUBSIDIARIES OTHER THAN
[***] AN [***] (AS SUCH TERM IS DEFINED IN SECTION [***] BELOW) AS A RESULT OF
A [***] OF [***].
1.8
"LICENSED PRODUCTS" MEANS ALL CURRENT AND
FUTURE PRODUCTS OF A PARTY OR ANY OF ITS SUBSIDIARIES (EXCEPT AS OTHERWISE
LIMITED IN SECTIONS 2.5 AND 2.6 BELOW). LICENSED PRODUCTS INCLUDE ALL PRODUCTS
OF EACH PARTY AND ITS SUBSIDIARIES ACCUSED OF INFRINGING AVISTAR PATENTS OR
POLYCOM PATENTS, AS APPLICABLE, IN THE LITIGATION.
1.9
"PATENTS" MEANS (I) ALL CLASSES OR TYPES OF
UTILITY PATENTS, INCLUDING UTILITY MODELS, INVENTION CERTIFICATES,
CONTINUATIONS, DIVISIONALS, CONTINUATIONS-IN-PART, REEXAMINATIONS, REISSUES,
EXTENSIONS AND RENEWALS, IN ALL COUNTRIES OF THE WORLD; AND (II) ALL
APPLICATIONS, AND RIGHTS TO INVENTIONS FOR WHICH APPLICATIONS MAY BE FILED, FOR
THESE CLASSES OR TYPES OF PATENTS IN ALL COUNTRIES OF THE WORLD. FOR THE
AVOIDANCE OF DOUBT, THE TERM "PATENTS" DOES NOT INCLUDE ANY DESIGN PATENTS,
COPYRIGHTS, TRADEMARKS, MASK WORK RIGHTS, OR TRADE SECRET RIGHTS (EVEN IF SUCH
TRADE SECRETS MAY HAVE BEEN PATENTABLE DURING THE CAPTURE PERIOD).
1.10
"PERSON" SHALL MEAN AN INDIVIDUAL, TRUST,
CORPORATION, PARTNERSHIP, JOINT VENTURE, LIMITED LIABILITY COMPANY, ASSOCIATION,
UNINCORPORATED ORGANIZATION OR OTHER LEGAL OR GOVERNMENTAL ENTITY, WORLDWIDE.
1.11
"POLYCOM PATENTS" MEANS ALL PATENTS WORLDWIDE
(I) THAT HAVE A PRIORITY DATE ON OR BEFORE THE END OF THE CAPTURE PERIOD
(INCLUDING THOSE THAT HAVE A PRIORITY DATE PRIOR TO THE EFFECTIVE DATE); AND
(II) FOR WHICH POLYCOM OR ANY OF ITS SUBSIDIARIES HAS AS OF THE EFFECTIVE DATE,
OR OBTAINS AT ANY TIME DURING THE TERM OF THIS AGREEMENT, OWNERSHIP OR OTHER
RIGHT TO GRANT LICENSES TO AVISTAR OR ANY OF ITS SUBSIDIARIES OF OR WITHIN THE
SCOPE GRANTED HEREIN WITHOUT REQUIRING PAYMENT OF ROYALTIES OR OTHER INCREMENTAL
CONSIDERATION BY POLYCOM OR ANY OF ITS SUBSIDIARIES TO A THIRD PARTY (EXCEPT
PAYMENTS TO A SUBSIDIARY OR TO A THIRD PARTY FOR INVENTIONS MADE BY SUCH THIRD
PARTY WHILE EMPLOYED BY POLYCOM OR ANY OF ITS SUBSIDIARIES). THE TERM "POLYCOM
PATENTS" INCLUDES ALL PATENTS ASSERTED AGAINST AVISTAR IN THE LITIGATION.
1.12
"PRIORITY DATE" MEANS THE EARLIEST EFFECTIVE
FILING DATE TO WHICH ANY PATENT IS ENTITLED AS A BASIS FOR PRIORITY IN A
PARTICULAR COUNTRY. BY WAY OF EXAMPLE, IT IS UNDERSTOOD THAT THE PRIORITY DATE
FOR A UNITED STATES PATENT IS THE EARLIEST OF (I) THE ACTUAL FILING DATE OF THE
UNITED STATES PATENT APPLICATION WHICH ISSUED INTO SUCH PATENT, (II) THE
PRIORITY DATE UNDER 35 U.S.C. § 119 FOR SUCH PATENT, OR (III) THE PRIORITY DATE
UNDER 35 U.S.C. § 120 FOR SUCH PATENT.
1.13
"RELATED PATENTS" MEANS, WITH RESPECT TO ANY
PATENT, ANY CONTINUATIONS, DIVISIONALS, CONTINUATIONS-IN-PART, PARENTS,
COUNTERPARTS, REEXAMINATIONS, REISSUES, EXTENSIONS AND RENEWALS, IN ALL
COUNTRIES