Active Claim definition

Active Claim has the meaning set forth in Clause 5.8 hereof.
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Active Claim means a claim of (a) an issued and unexpired Licensed Patent which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable, or (b) a pending Patent Application that has not been pending for more than ten (10) years from the date of the priority date of the Patent Application. If a claim of a pending Patent Application that ceased to be an Active Claim under clause (b) of the preceding sentence because of the passage of time later issues as part of a Licensed Patent within clause (a) of the preceding sentence, then it shall again be considered an Active Claim effective as of the issuance of such Licensed Patent.
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Active Claim means a reported claim for medical or indemnification payment where is required.
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Examples of Active Claim in a sentence

  • If the Parties and/or their Affiliates have common interests in an Active Claim (“Shared Active Claim”), the Parties shall comply with the provisions set forth in Clause 5.9 below, including the Shared Active Claims referred to in Appendix 5.8.

  • The Parties shall establish which Party has the greatest financial interest in the Shared Claim and such Party shall be responsible for controlling the Active Claim or Defense strategy of the Shared Third-Party Claim, as the case may be.

  • If the Parties define that the shared conduct is in the best interest of the Parties, the strategies will be equally shared, and in the event of disagreement, the strategy of the Party that has the largest monetary amount at risk in the Shared Third-Party Claim or the largest potential pecuniary benefit arising from the Active Claim shall prevail.

  • Without prejudice to any other provisions of this Clause 20, the Conducting Party (or any other relevant member of its Group) may agree to settle, and settle, the Active Claim on such terms as it may, in its sole discretion, determine.

  • Following the Separation Effective Time, in respect of each Active Claim, the Conducting Party shall, and shall procure that each member of its Group shall, promptly (and within fifteen (15) Business Days) following receipt pay over to the Indemnified Party all monetary damages, awards, compensation and benefits, received by any member of its Group in connection with the Active Claim (including its settlement, compromise, judgment or discharge).

  • The term of the Agreement commences on the Effective Date as defined in section 4 of the EPLA and, unless terminated earlier as provided below in section 8, expires on the date on which no Active Claim of any Licensed Patent or Patent Application exists in the Territory (the “Term”).

  • Claim shall not, and shall procure that no member of its Group shall, settle, compromise or discharge the Active Claim without prior written consent of the Conducting Party (which consent may be withheld in the Conducting Party’s sole discretion) or enforce against a person the rights of any member of the Indemnified Party’s Group in relation to the matter, other than in accordance with Clauses 20.7 to 20.10 (inclusive).