Covered By definition

Covered By means a claim or claims within any pending or issued patent included in the Patent Rights claiming all, a portion, or a component or step of a Licensed Process, Licensed Product, or Licensed Service.

Covered By means (i) infringes, in the case of a claim in an issued patent, or (ii) would infringe the claim if it existed in an issued patent, in the case of a claim in a pending application.

Covered By or “Covers,” or the like, means, with respect to a given Collaboration Compound or Licensed Product (as the case may be), that the sale or offer for sale of such Collaboration Compound or Licensed Product, but for ownership of, or a license granted in this Agreement under, the relevant Patent would infringe a Valid Issued Claim (or, a Valid Pending Claim if a patent containing such Valid Pending Claim were to issue) of such Patent in the country of sale on the date of sale.

Examples of Covered By in a sentence

• Disclose Any Information Required To Be Reported On Form 8-K During The Period Covered By The Form 10-D But Not Reported The Responsible Party For The Applicable Form 8-K Item As Indicated Below.

• Disclose Any Information Required To Be Reported On Form 8-K During The Fourth Quarter Covered By The Form 10-K But Not Reported The Responsible Party For The Applicable Form 8-K Item As Indicated Above.

• Because of the importance of Know-How, Licensee has agreed to pay certain royalties to Foundation on Other Products, as specified below, even if such Other Products are not Covered By Patent Rights, in order to obtain rights to Know-How.

• Because of the importance of Technical Information and Materials, Licensee has agreed to pay certain Royalties to Foundation on Other Products, as specified below, even if it is not Covered By Patent Rights, in order to obtain rights to Technical Information and Materials.

• APPENDIX BProvisions Applicable To Employees And LocationsFormerly Covered By ING Incentive Savings PlanFor Aetna Financial Services And Aetna International Employees(1) Employees Covered By This Appendix.

More Definitions of Covered By

Covered By means, with reference to a particular Licensed Product or Licensed Service, that the manufacture, use, sale, offering for sale, performance, or importation of such Licensed Product or performance of such Licensed Service would, but for ownership of, or a license granted under this Agreement to, the relevant Patent Right, infringe a Valid Claim which shall be considered separately with respect to each country in the Territory.

Covered By means, with respect to any Licensed Product, that the manufacture, use, offer for sale, sale or importation of such Licensed Product(s) would (if such activity were performed by a Third Party) infringe an Issued Patent Claim.

Covered By means, with respect to any act, an act that would, in the absence of a license provided hereunder, constitute an infringement of a claim of a pending patent application, or a claim of an issued patent which has not been held invalid or unenforceable by a court of competent jurisdiction in a decision which is unappealable or the appeal period for which has expired without an appeal being taken.

Covered By means with respect to an item or method claimed in any pending or issued Patent Right that, but for a license under or ownership right in such Patent Right, the research, development, use, making, having made, offering for sale, sale, importation, or other exploitation of such item or method would infringe or misappropriate such Patent Right.

Covered By means when used in the context that a Product is covered by a Subsisting Claim or a Claim Asserted in Good Faith, that the Product or the normal method of operation or customarily intended use of such Product must, when such Product is manufactured, sold, or otherwise Exploited by Merck or a Sub-Licensee constitute (but for the Licence or Merck’s ownership of Stage 2 Patents) an infringement of a Subsisting Claim or in the period of 5 years from the Commencement Date an infringement of a Claim Asserted in Good Faith, considered as if it were a Subsisting Claim.

Covered By means a Licensed Product that, when made, used, or sold, or a Licensed Method that, when practiced, would constitute, but for the license granted to Licensee pursuant to this Agreement, an infringement of any claim or claims included within the Patent Rights.

Covered By means, with respect to Patent Rights: materials, products and services developed, manufactured, used, sold or provided by ZMC, which but for the License, would infringe a Valid Claim of such Patent Rights in the Territory in which such products or services are developed, used, manufactured, sold or provided by ZMC, respectively.