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EYE » Topics » 3.2. AMOs Covenants Not to Sue

This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
3.2.         AMO’s Covenants Not to Sue.  AMO hereby covenants not to sue Alcon under any of the patents asserted by AMO in the Delaware Litigation at any time after the Effective Date.  AMO further covenants not to sue Alcon’s customers, licensees, distributors, resellers, or the end users of any Alcon Products under any of the patents asserted by AMO in the Delaware Litigation at any time after the Effective Date.  AMO further covenants not to sue Alcon on any claim of patent infringement, breach or misappropriation of any trade secret, or any 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 Alcon Products, whether the intellectual property rights to support such a claim are now owned or hereafter acquired by AMO.

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