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respect to a country, a claim of any unexpired patent, included within Patent Rights, in such country which (i) has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time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, a mean an issued and unexpired claim of any unexpired patentUnited States or foreign Patent Right, included within Patent Rights, in such country which (i) claims has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdictiondonated to the public, unappealable or unappealed within the time allowed for appeal; or (ii) has not been abandonedcancelled, withdrawn, abandonded, disclaimed, or admitted to be revoked, or held invalid or unenforceable through reissueby a court or government agency of competent jurisdiction in an unappealed or unappealable decision.

Appears in 1 contract

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

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application or unexpired patent, included within Patent Rights, patent in such country which (i) has shall not have been revoked withdrawn, canceled or disclaimed, nor held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, jurisdiction in an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/)

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Rights, in such country or an unexpired, issued claim contained within a patent which (i) issued therefrom and has not been revoked found to be unpatentable, invalid or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction,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)

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unexpired United States or foreign patent, included within Patent Rights, in such country which (i) has shall not have been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within donated to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

Appears in 1 contract

Samples: License Agreement (Celldex Therapeutics, Inc.)

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