Common use of Valid Claim Clause in Contracts

Valid Claim. “Valid Claim” shall mean an issued and unexpired claim of any United States or foreign Patent Right, which claims has not been donated to the public, cancelled, withdrawn, abandonded, disclaimed, or revoked, or held invalid or unenforceable by a court or government agency of competent jurisdiction in an unappealed or unappealable decision.

Appears in 2 contracts

Samples: License Agreement, Confidential Treatment Requested (GenMark Diagnostics, Inc.)

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Valid Claim. “Valid Claim” shall mean a claim of an issued and unexpired claim of any United States or foreign Patent Right, which claims patent that has not been donated to the public, cancelled, withdrawn, abandonded, disclaimed, or held permanently revoked, unenforceable or held invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealed or unappealable within the time allowed for appeal, and that has not been admitted to be invalid or unenforceable by a court through reissue, disclaimer or government agency of competent jurisdiction in an unappealed or unappealable decisionotherwise.

Appears in 1 contract

Samples: Commercial License Agreement (Iomai Corp)

Valid Claim. “Valid Claim” shall mean an means a pending or issued and unexpired claim of any United States or foreign a Patent Right, which claims included in the Purchased IP that has not expired nor been donated to the publicabandoned nor been held unenforceable, cancelled, withdrawn, abandonded, disclaimed, unpatentable or revoked, or held invalid or unenforceable in an unappealable final decision rendered by a court or government agency of competent jurisdiction in an unappealed or unappealable decisionjurisdiction.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cardiva Medical, Inc.)

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Valid Claim. “Valid Claim” shall mean an issued and unexpired a claim of any issued, unexpired United States or foreign Patent Rightpatent, which claims has shall not have been donated to the public, cancelled, withdrawn, abandonded, disclaimed, or revoked, abandoned or held invalid or unenforceable against the Licensors, or either of them, by a court or government agency of competent jurisdiction in an unappealed or unappealable decision.

Appears in 1 contract

Samples: License Agreement (Celldex Therapeutics, Inc.)

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