I'll admit that the wording of the agreement is not always easy to follow, but I think this exercise is worth the effort for those reading the thread.

Why is it assumed that the commercialization agreement would not cover protection of the patents? Wouldn't somebody need to be authorized to do whatever is necessary with respect to USPTO? One could argue that the USPTO challenges are directly related to litigation, since they are. In any case I believe such is covered in 7.2 regarding maintenance of the patents.

Back to the wording of 7.6. You are arguing that "including, without limitation" is limited because defending the patents at the USPTO was not contemplated in the agreement. If maintaining the patents in 7.2 includes defending them at the USPTO, then such is contemplated.

But even if you disagreed with what 7.2 meant, I think reexams are simply a subset of litigation. IMO.

Opty