Royalty Report: Semiconductors, Storage – Collection: 294276

License Grant

Licensor hereby grants, on behalf of itself and its Affiliates, to Licensee a worldwide, perpetual, non-transferable, non-sublicensable, nonexclusive right and license under the Licensor IPR to use internally, sell, offer to sell, import and dispose of those specific units of Products which are purchased by Licensee from Licensor under the Development and Supply Contract.

License Property

Product means any Shasta, Shuar-M, Shuar-L and Shuar.1 product that (i) incorporates and/or makes use of any Licensor Technology and (ii) is listed on Product Price and Bill of Materials Breakdown of the Development and Supply Contract, which may be updated from time to time by the parties.

SAS/SATA Product means any SAS- or SATA-based chassis or any derivative products thereof, which incorporate or make use of any Licensor Technology and is designed for use with 3.5' and/or 2.5' drives, with or without its associated power supplies and drives, and which chassis is assembled with or without IOMs.  IOM means an electronics input-output module which incorporates or makes use of any Licensor Technology.

SAS stands for Serial Attached SCSI (pronounced 'scuzzy') or Serial Attached Small Computer System Interface, while SATA stands for Serial ATA or Serial Advanced Technology Attachment.

Licensor IPR means all rights worldwide in and to any Licensor Patents, copyrights, trade secrets and semiconductor topography rights (including semiconductor mask work rights) that Licensor has the right to license without the payment of any royalties or other fees to any third parties and that are not otherwise available to Licensee without a license from Licensor, but in all cases excluding rights in trademarks, service marks, trade names, service names, and Internet domain names and other similar designations.

Licensor Patents means patents, patent applications, design patents and registrations, and utility models, along with any reissues, re-examinations, continuations, continuations-in-part, divisions and renewals thereof, which Licensor has the right to license as of the Effective Date without the required payment of any royalties or other fees to any third party and that are not otherwise available to Licensee without a license from Licensor.

Licensor Technology means those items of Technology that Licensor has the right to license without the payment of royalties or other fees to third parties and that are not otherwise available to Licensee without a license from Licensor and which are used on the Effective Date by Licensor to develop, manufacture, assemble, test and support the Products.

Field of Use

Licensee is a provider of entry level and midrange storage systems for organizations requiring high reliability, high performance networked storage and data management solutions in an open systems architecture.

License Grant

Licensor hereby grants to Licensee an exclusive worldwide license, with the right to grant sublicenses, to use the Technology for the Exploitation of the Products for the Applications.

License Property

The term 'Technology,' as used in this Agreement, shall mean all proprietary and non-proprietary know-how, technical data, or other information of any kind regarding the design, manufacture, operation, use, or sale of the Products for the Applications based on the Intellectual Property, foreign counterparts of the Intellectual Property, or of the applications leading to such Intellectual Property, any other Intellectual Property now or hereafter owned or controlled by Licensor, and any modification or improvements thereto made by Licensor or Licensee, all as they may relate to the Applications.

The terms 'Product' and 'Products,' as used in this Agreement, shall mean reader/writers and high capacity data storage in a card format.

The term “Application(s)” shall mean health care, patient management, medical, dental and pharmaceutical records, medicare, medicaid or any other health application, including biometric identification. For avoidance of doubt, any other application, including, without limitation, for financial transactions or security and identification shall require the approval of Licensor.

INTELLECTUAL PROPERTY
(1)  Serial Number 09/426,793-2355, PATENT 7,036,739. “Data Storage Device, Apparatus and Method for Using Same.” Filed
10/23/1999.

(2)  Serial Number 60/161/302, “Data Storage Device, Apparatus and method for Using Same.” Filed 10/23/1999.

(3)  Serial Number 09/693,271-7503. “Data Storage Device, Apparatus and Method for Using Same.” Filed 10/23/1999.

(4)  Serial Number 09/502.812-5712. ALLOWED PATENT, waiting for issuance. “Article Having An Embedded Accessible Storage Member, Apparatus and Method For Using Same.” Filed 2/9/2000.

(5)  Serial Number PCT/US00/41444. NATIONAL STAGE ENTERED. “Data Storage Device, Apparatus and Method For Using Same.” Filed 10/19/2000.

(6)  Serial Number 11256525. PATENT 7,201,324. Data Storage Device, Apparatus and Method For Using Same.” Filed 10/19/2000.

(7)  Serial Number 00986831.6. PENDING “Data Storage Device, Apparatus and Method For Using Same.” Filed 10/19/2000.

(8)  Serial Number 2001-534145. PENDING. “Data Storage Device, Apparatus and Method For Using Same.” Filed 10/19/2000.

(9)  Serial Number 12210064. PENDING. “Article Having An Embedded Accessible Storage Member, Apparatus And Method For Using Same.”  Filed 9/12/2008.

(10)  Serial Number 12210083. PENDING. “Article Having An Embedded Accessible Storage Member, Apparatus and Method For Using Same.”  Filed 9/12/2008.

(11)  Serial Number 09/410.679. PATENT 6,410,330 BI. “Data Storage Device, Apparatus and Method For Using Same. Filed 10/1/1999. UltraCard and Komag.

(12)  Serial Number 08/215,140. PATENT 5,521,774. “Memory Storage Module For Storing and Accessing.” Filed 3/18/1994.

(13)  Serial Number 08/606,359. PATENT 5,621,583. “Method and Device For Reading and Writing Magnetically Encoded Data On Linear Tracks.” Filed 2/23/1996.

(14)  Serial Number 08/606,170. PATENT 5,739,975. “Memory Storage Module For Storing and Accessing Magnetically Encoded Data On Linear Tracks.” Filed 2/23/1996.

(15)  Serial Number PCT/US99/14424. National Stage Entered. “Data System With Support Surfaces For Reciprocating Data Head.” Filed 6/24/1999.

(16)  Serial Number 07/342,217. PATENT 5,107,099. “Drive Apparatus For Data Storage Device.” Filed 4/24/1989.

(17)  Serial Number 07/871,447. “Drive Apparatus For Data Storage Device.” Filed 4/21/1992. Abandon.

(18)  Serial Number 09/113,783. PATENT 6,131,816. “Data System With Support Surfaces For Reciprocating Data Head.” Filed 7/10/1998.

(19)  Serial Number 09/663,658-2181. PATENT 6,871,787. “Data Storage Having A Glass Substrate And Data Surface Region And Method For Using Same.” Filed 9/15/2000.

(20)  Serial Number 09/654,542-6237. PATENT 6,875,569. “Data System.” Filed 9/1/2000.

(21)  Serial Number 09/654,542. PATENT 6,938,825. “Data System.” Filed 9/1/2000.

(22)  Serial Number 11/033,342-5932. PATENT 7,073,719. “Data System”, Filed 1/10/2005.

(23)  Serial Number PCT/US90/02225. National Stage Entered. Improved Magnetic Disk Drive Apparatus And Method.” Filed 4/24/1990.

(24)  Serial Number 29/152,431-8904. PATENT D494, 999 S. “Credit Card With Accessible Rotatable Storage Member.” Filed 12/14/2001.

(25)  Serial Number 29/152,432-8903. Continuation. “Credit Card With Internal Rotatable Storage Member Accessible From A Surface Of A Credit Card.” Continuation 1/27/2005.

(26)  Serial Number 29/222,379-6313. PATENT D510,595. “Credit Card With Internal Rotatable Storage Member Accessible From A Surface Of A Credit Card.” Filed 1/27/2005.

(27)  Serial Number 29/152,434-8902. PATENT D509,847. “Removable and Reinsertable Storage Member For A Credit Card’. Filed 12/14/2001.

(28)  Serial Number 60/341,662-9376. “Credit Card With Accessible Rotatable Storage Member, Data Processing System And Method For Using Same.” Filed 12/14/2001. Abandon.

(29)  Serial Number 09/663,832-4031. PATENT 6,969,006. “Rota table Portable Card Having A Data Storage Device, Apparatus and Method For Using Same.” Filed 9/15/2000.

(30)  Un-filed. “Data Card With Accessible Rotatable Storage Member, Data Processing System And Method For Using Same.” Opened 1/26/20048

(31)  There are twenty seven serial number files that have been consolidated into other broader filings and some others have been abandoned but will be transferred.

(32)  PATENTS 7,988,061, issued August 2, 2011; 7,988036, issued August 2, 2011; 7,487,908, issued February 10, 2009.

License Grant

Licensor grants to Licensee a non-exclusive, worldwide, non-transferable (except as permitted in accordance with this Agreement), perpetual (unless terminated), royalty-bearing license to use, copy and made derivative works of the Background IP and Foundational Know-How transferred by Licensor to Licensee
(a) to design, manufacture, test and/or develop Licensee Products and, after June 2010, Foundry Customer Products, in Licensee qualified Fabs using JDP Process Nodes;
(b) to have designed (to the extent permissible) Licensee Products in Licensee Qualified Fabs using 68nm Process Nodes, 50nm Process Nodes and JDP Process Nodes
(c) to have the Joint Venture Company manufacture Licensee Products in wafer form using 68m Process Nodes, 50nm Process Nodes and/or JDP Process Nodes and supply such wafers solely to Licensee;
(d) to use Background IP and Foundational Know-How in conducting joint development activities agreed to in the JDP Agreement; and
(e) to use, sell offer to sell, distribute, import, export and/or otherwise dispose of Licensee Products and/or Foundry Customer Products manufactured in accordance with the foregoing.

License Property

DRAM Product means any stand-alone semiconductor device that is a dynamic random access memory device and that is designed or developed primarily for the function of storing data, in die, wafer or package form.

Stack DRAM Product means any memory comprising Stack DRAM, whether in die or wafer form.

Stack DRAM means dynamic random access memory cell that functions by using a capacitor arrayed predominantly above the semiconductor substrate.

Stack DRAM Design means, with respect to a Stack DRAM Product, the corresponding design components, materials and information listed in Agreement of the JDP Agreement or as otherwise determined by the JDP Committee in a SOW (statement of work). JDP

Commodity Stack DRAM Products means Stack DRAM Products for system main memory for computing or Mobile Devices, in each case that are fully compliant with one or more Industry Standard(s).

Mobile Device means a handheld or portable device using as its main memory one or more Stack DRAM Products that is/are compliant with an Industry Standard and that has low-power characteristics for wireless applications, such as LPDDR and LPDDR2.

Licensee Products means Stack Dram Products and/or Stack Dram Modules the design for which (i) is owned by Licensee, (ii) was co-developed by the Parties pursuant to Design SOWs under the JDP Agreement, or (iii) is licensed by Licensor to Licensee pursuant to this Agreement.

Foundry Customer Products means Stack DRAM Products the design for which is owned by or licensed to a Foundry Customer.

Licensee Qualified Fab means (a) a semiconductor manufacturing facility that is directly or indirectly, through one or more wholly-owned Subsidiaries, wholly-owned by Licensee and with respect to which no other DRAM wafer manufacturer or DRAM wafer developer has a claim or right, directly or indirectly, to any of the output, profits or revenues derived by Licensee from the sale of product manufactured in such facilities, and (b) any other semiconductor manufacturing facility mutually agreed in writing to be a Licensee Qualified Fab by the Parties.

JDP Process Node means any Primary Process Node or Optimized Process Node resulting from the research and development activities of the Parties pursuant thee JDP Agreement.  JDP Agreement means that certain Joint Development Program Agreement between the parties.

Process Node means a collection of process technology and equipment that enables the production of semiconductor wafers for a particular minimum repeatable half pitch of a device (minimum physical feature size or line width) and often designated by the size of such pitch (e.g., the 68nm Process Node or the 50 nm Process Node, etc.

Process Technology means that process technology developed before expiration of the Term and utilized in the manufacture of Stack DRAM wafers, including Probe Testing and technology developed through Product Engineering thereof, regardless of the form in which any of the foregoing is stored, but excluding any Patent Rights and any technology, trade secrets or know-how that relate to and are used in any back-end operations (after Probe Testing).

Probe Testing means testing, using a wafer test program as set forth in the applicable specifications, of a wafer that has completed all processing steps deemed necessary to complete the creation of the desired Stack DRAM integrated circuits in the die on such wafer, the purpose of which test is to determine how many and which of the die meet the applicable criteria for such die set forth in the specifications.

Background IP means (a) Process Technology for the 68nm ad 50nm Primary Process Nodes used by Micro as the effective date to manufacture and test Stack DRAM Products, including the associated Probe Testing programs and methodologies, and to the extent required to support baseline quality levels on Commodity Stack DRAM Products and JEDEC standard Stack DRAM Modules, assembly testing, FT, Burn-In, and module testing methodologies and programs or algorithms, as such Process Technology is described in the information listed on Schedule 1, (b) the Stack, DRAM Designs for Commodity Stack DRAM Products made on such Process Nodes, which designs are listed In Agreement, and the information relating to such designs listed in Agreement to the extent existing as of the effective date, and (c) the process of record and model of record associated with the foregoing as they exist as of the effective date, including, in each case (a), (b) and (c), the associated IP Rights of Licensor therein, but excluding (i) anything that cannot be shared with Licensee without further permission or consent of, further payment to, or breach of agreement with, any Third Party and (ii) any Patent Rights.

Field of Use

Field of use is for the function of storing data, in die, wafer or package form in a semiconductor device that is a dynamic random access memory device.

License Grant

With this addendum, the Parties wish to enhance their cooperation, such that the Israeli Licensor shall grant the Licensee of Taiwan a license under Licensors MLC Technology according to the terms and conditions of this Second Addendum.  In addition, Licensor shall further assist Licensee in designing, developing and implementing MLC Flash Products.

The Israeli Licensor grants to the Licensee of Taiwan a non-exclusive, non-transferable, worldwide license, without right to sub-license, under the Licensor MLC Patents, MLC Technology, and MLC Improvements to use, make to use, make, without sub-contracting or have made, design, co-design and have designed by a Subsidiary, develop, sell and offer to sell, and otherwise dispose of MLC Products.

License Property

MLC Flash products shall mean a flash product based on or incorporating Licensors MLC Technology.

Licensors MLC Technology shall mean Licensors NROM, or nitride-read-only memory, Technology, or any part thereof, which allows storing 4 bits of information per memory cell.  Unlike volatile semiconductor memory devices which lose stored information after electrical power is turned off, non-volatile semiconductor memory devices retain stored information even without a power source.

Field of Use

This agreement is for the semiconductor industry.