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2 min read
22 December 2022

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2) If licensee has licenses to practice certain essential patents, licensor must not threaten to induce a royalty rate and/or other payment terms that are higher than the royalty rate and/or other payment terms in licensee's license agreement with it on such patents unless licensor first offers to a licensee a license that is acceptable to both parties as a whole.


3) If a licensee has licenses to practice certain essential patents, if the patents are in any manner subject to an amendment under 2), or licensor offers to Licensee any license that is acceptable to Licensee that is materially less advantageous to Licensee as a consequence of such amendment, then the amendment is substantively reasonable.


4) If a licensee has licenses to practice certain essential patents, if the patents are in any manner subject to an amendment under 2), or licensor offers to Licensee any license that is acceptable to Licensee that is materially less advantageous to Licensee as a consequence of such amendment, then, provided that the amendment does not jeopardize licensor's offer or Licensee's ability to negotiate rationally, licensor must make a good-faith effort to negotiate a new license with Licensee, and otherwise act as if the preliminary discussions are ongoing and negotiations are ongoing for the signed license, and negotiations will be deemed to have ended in the event that a license is not signed within 90 days of the expiration of this License Term.


5) If licensee has licenses to practice certain essential patents, licensor must not unreasonably withhold agreement from licensee to insist on any of the terms set forth in this License Term, or unreasonably delay the conclusion of negotiations pending the outcome of actual or threatened litigation by licensor over the essential patents.


6) If license to practice any essential patents is granted to licensee under this License Term or any future license term, the Essential Patents, and the licenses granted under this License Term with respect to such Essential Patents, expire 7 years from the effective date of the first license granted on such Essential Patents, unless otherwise agreed upon in writing by the parties.

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George Allen 2
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