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respect to a country, a claim of any unexpired patent, included within Patent Rights, in such country which (i) has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time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
Sources: Exclusive License Agreement (Sepracor Inc /De/), Exclusive License Agreement (Sepracor Inc /De/)
Valid Claim. A βValid Claim" shall mean, with respect to a country, a β means the claim of an issued patent or patent application in any unexpired patent, included within Patent Rights, in such country which that (i) has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appealexpired; or (ii) has not been abandoned, disclaimed; (iii) has not been canceled or superseded, or admitted to be if canceled or superseded, has been reinstated; and (iv) has not been revoked, held invalid or otherwise declared unenforceable through reissueor not allowable by a tribunal or patent authority of competent jurisdiction over such claim in such country from which no further appeal has or may be taken.
Appears in 1 contract
Sources: Intellectual Property License Agreement (Hepion Pharmaceuticals, 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application or unexpired patent, included within Patent Rights, patent in such country which (i) has shall not have been revoked withdrawn, canceled or disclaimed, nor held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, jurisdiction in an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
Sources: Collaboration and License Agreement (Sepracor Inc /De/)
Valid Claim. Valid Claim" shall mean, with respect to a country, a claim of means any claim(s) in an unexpired patent, included within Patent Rights, in such country patent which (i) has not been revoked or held unenforceable unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or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) , and which has not been abandoned, disclaimed, or admitted to be invalid or unenforceable through reissue, reexamination, disclaimer or otherwise.
Appears in 1 contract
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
Sources: Asset Purchase Agreement (Alliance Pharmaceutical Corp)