Common use of Excluded Claim Clause in Contracts

Excluded Claim. As used in Section 10.3, the term “Excluded Claim” shall mean any dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.

Appears in 5 contracts

Samples: License Agreement (Genelux Corp), License Agreement (Genelux Corp), License Agreement (RayzeBio, Inc.)

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Excluded Claim. As used in Section 10.314.2, the term “Excluded Claim” shall mean any a dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Any Excluded Claims Claim shall be determined by submitted to a court of competent jurisdiction.

Appears in 4 contracts

Samples: Collaboration, Development and License Agreement (TESARO, Inc.), Collaboration, Development and License Agreement (TESARO, Inc.), Collaboration, Development and License Agreement (TESARO, Inc.)

Excluded Claim. As used in Section 10.314.3, the term “Excluded Claim” shall mean any a dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.

Appears in 2 contracts

Samples: License Agreement (BioLineRx Ltd.), License Agreement (Cypress Bioscience Inc)

Excluded Claim. As used in Section 10.3this Article 14, the term “Excluded Claim” shall mean any a dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: License Agreement (Tranzyme Inc)

Excluded Claim. As used in Section 10.3, the term “Excluded Claim” shall mean any dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-anti- monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: License Agreement (Genelux Corp)

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Excluded Claim. As used in Section 10.313.3, the term “Excluded Claim” shall mean any a dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent applicationPatent, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: License Agreement (CONTRAFECT Corp)

Excluded Claim. As used in Section 10.312.3 (Binding Arbitration), the term “Excluded Claim” shall will mean any a dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutoryan Intellectual Property Right. Any Excluded Claims shall Claim will be determined by submitted to a court of competent jurisdiction.

Appears in 1 contract

Samples: Collaboration and License Agreement (Zai Lab LTD)

Excluded Claim. As used in Section 10.3this Section, the term “Excluded Claim” shall mean any a dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship validity or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.

Appears in 1 contract

Samples: License and Collaboration Agreement (Metabasis Therapeutics Inc)

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