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EYE » Topics » 3.1. Alcons Covenants Not to Sue

This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
3.1.         Alcon’s Covenants Not to Sue.  Alcon hereby covenants not to sue AMO under any of the patents asserted by Alcon in the Ft. Worth I Litigation, the Ft. Worth II Litigation and the Dallas Litigation at any time after the Effective Date.  Alcon further covenants not to sue AMO’s customers, licensees, distributors, resellers, or the end users of any AMO Products under any of the patents asserted by Alcon in the Ft. Worth I Litigation, the Ft. Worth II Litigation and the Dallas Litigation at any time after the Effective Date.  Alcon further covenants not to sue AMO on any claim of patent infringement, breach or misappropriation of any trade secret, or any

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other intellectual property rights (excluding copyright and trademark) based upon the manufacture, use, sale, offer for sale, lease, license, importation, or other disposal of the AMO Products, whether the intellectual property rights to support such a claim are now owned or hereafter acquired by Alcon.

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