Necessary Claims

Necessary Claims. Shall mean those claims of all patents, other than design patents and design registrations, throughout the world entitled to an effective filing date prior to January 1, 2005, which a Fellow Adopter, as applicable, or its Affiliates has the right, at any time during the 2 term of this Agreement, to grant licenses of the scope granted herein without such grant or the exercise of rights thereunder resulting in payment of royalties or other consideration to third parties (except for... payments to Affiliates or to employees within the scope of their employment) and (i) which are necessarily infringed by an implementation of a version of the Specification adopted by the Sponsors pursuant to Section 4.3 below, where such infringement could not have been avoided by another commercially reasonable noninfringing implementation of such Specification, or (ii) for which infringement is based on an implementation of any example included in the body of the Specification. Necessary Claims shall not include, and no license shall apply to, implementation examples included solely in any appendix, exhibit or other attachment to the actual Specification. View More

Necessary Claims. Claims (a) of a patent or patent application that Microsoft now or hereafter owns or otherwise has the right to license to Company, without the payment of any royalty or other amounts to any unaffiliated third party, that (b) are necessarily infringed by implementation of the Security Feature or the Wireless Feature. For purposes of the foregoing, a claim is a Necessary Claim only when it is not possible to avoid infringement, because there is no technically reasonable, non-infringing... alternative implementation. Further, notwithstanding the foregoing, Necessary Claims do not include any claims: (1) other than those set forth above, even if contained in the same patent or patent application as Necessary Claims; (2) to any enabling technologies that may be necessary to make or use any product (or a portion thereof) or combination that implements the Security Feature or the Wireless Feature (such as hardware, semiconductor manufacturing, compiler, object-oriented, operating system, protocol, programming interface or networking technologies); (3) covering the implementation of other published specifications that may be referenced in the Microsoft Materials; or (4) to the extent such claim covers any product (or portion thereof) or combination, the purpose or function of which is not included in the Security Feature or the Wireless Feature View More