Common use of Valid Claim Clause in Contracts

Valid Claim. Valid Claim" shall mean, with respect to a country, a claim of any unexpired patent, included within Patent Rights, in such country which (i) has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal; or (ii) has not been abandoned, disclaimed, or admitted to be invalid or unenforceable through reissue.

Appears in 2 contracts

Samples: Exclusive License Agreement (Sepracor Inc /De/), Exclusive License Agreement (Sepracor Inc /De/)

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Valid Claim. Valid Claim" shall mean, with respect to a country, mean a claim of any unexpired patent, included in a pending patent application contained within the Assigned Patent Rights or Licensed Patent Rights, in such country or an unexpired, issued claim contained within a patent which (i) issued therefrom and has not been revoked found to be unpatentable, invalid or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable authority in the subject country from which decision and appeal is taken or unappealed within the time allowed for appeal; or (ii) has not been abandoned, disclaimed, or admitted to can be invalid or unenforceable through reissuetaken.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alliance Pharmaceutical Corp)

Valid Claim. A Valid Claim" Claim shall mean, with respect to a country, a be any claim of any unexpired patent, included within Patent Rights, in such country which (i) a Licensed Patent, which has not been revoked pending for longer than ten years after the first commercial sale of a Product; or held (ii) an issued patent included within the Licensed Patents, which claim has not (X) lapsed, been cancelled or become abandoned, (Y) been declared invalid or unenforceable or invalid by a non-appealable decision or judgment of a court or other governmental agency appropriate body or authority of competent jurisdiction, unappealable or unappealed within the time allowed for appeal; or (iiZ) has not been abandoned, disclaimed, or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise.

Appears in 1 contract

Samples: Memorandum of Agreement (Optical Molecular Imaging, Inc)

Valid Claim. Valid Claim" shall mean, with respect to a country, mean a claim of any an issued, unexpired patent, included within Patent Rights, in such country which (i) patent that has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal; or (ii) has not been abandoned, disclaimed, or admitted to be invalid or unenforceable through reissueby the applicable administrative or judicial authority in a given territory.

Appears in 1 contract

Samples: Sanquin Exclusive License Agreement (Lev Pharmaceuticals Inc)

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Valid Claim. Valid Claim" Claim shall mean, with respect to a country, mean a claim (a) of any issued, unexpired patent, included within Patent Rights, in such country which (i) patent that has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdictionjurisdiction from which no appeal can be taken, unappealable or unappealed with respect to which an appeal is not taken within the time allowed for the appeal; or (ii) , and that has not been abandoned, disclaimed, disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise or (b) of any patent application that has not been cancelled, withdrawn or abandoned or been pending for [******].

Appears in 1 contract

Samples: Product Development and License Agreement (Dyax Corp)

Valid Claim. Valid Claim" shall meanmeans, with respect to a country, a claim of any patent application or unexpired patent, included within Patent Rights, patent in such country which (i) has shall not have been revoked withdrawn, canceled or disclaimed, nor held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, jurisdiction in an unappealed or unappealable or unappealed within the time allowed for appeal; or (ii) has not been abandoned, disclaimed, or admitted to be invalid or unenforceable through reissuedecision.

Appears in 1 contract

Samples: Collaboration and License Agreement (Sepracor Inc /De/)

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