Challenge definition

Challenge means any challenge to the validity or enforceability of any of the Licensed Patent Rights before any administrative, judicial or other governmental authority, court, tribunal or arbitration panel, including by (a) filing a declaratory judgment action in which any of the Licensed Patent Rights is alleged to be invalid or unenforceable; (b) citing prior art pursuant to 35 U.S.C. §301, filing a request for re-examination of any of the Licensed Patent Rights pursuant to 35 U.S.C. §302 and/or §311, or provoking or becoming a party to an interference with an application for any of the Licensed Patent Rights pursuant to 35 U.S.C. §135; or (c) filing or commencing any re-examination, opposition, cancellation, nullity or similar proceedings against any of the Licensed Patent Rights in any country.
Challenge means, with respect to any Patent under the Contract Services IP, to commence or voluntarily join a legal action to contest the validity or enforceability of any such Patent, in whole or in part, in any court, arbitration proceeding or other tribunal, including the United States Patent and Trademark Office, the European Patent Office, and the United States International Trade Commission. As used in this term “Challenge”, the term “contest” includes (a) filing an action under 28 U.S.C. §§ 2201-2202 seeking a declaration of invalidity or unenforceability of any such Patent; (b) filing, or joining in, a petition under 35 U.S.C. § 311 to institute inter partes review of any such Patent, or any portion thereof; (c) filing, or joining in, a petition under 35 U.S.C. § 321 to institute post-grant review of any such Patent, or any portion thereof; (d) any foreign equivalent of clauses (a), (b) or (c) in any country outside of the United States; or (e) filing or commencing any opposition, nullity or similar proceedings challenging the validity of any such Patent in any country outside the United States; but excludes (i) filing a request under 35 U.S.C. § 302 for re-examination of any such Patent, (ii) filing a request under 35 U.S.C. § 251 for a reissue of any such Patent, or (iii) any foreign equivalents of clause (i) or (ii) applicable in a country outside of the United States.
Challenge means Licensee or a Sublicensee will be deemed to have made a “Challenge” of the Penn Patent Rights if Licensee or a Sublicensee: (a) institutes or voluntarily joins as a party to, or causes its counsel to institute on Licensee’s or such Sublicensee’s behalf, any interference, opposition, re-examination, post-grant review or similar proceeding with respect to any Penn Patent Right with the U.S. Patent and Trademark Office or any foreign patent office; or (b) files or voluntarily joins as a party to any legal proceeding, or causes its counsel to institute or voluntarily join as a party to any legal proceeding on Licensee's or such Sublicensee's behalf, with a court or other Governmental Body (including, without limitation, the U.S. Patent and Trademark Office or any foreign patent office) having authority to determine the validity, enforceability or scope of the Penn Patent Rights, in which one or more claims in such legal proceeding challenges the validity or enforceability of any Penn Patent Right.

Examples of Challenge in a sentence

  • AI-enabled tools, on the other hand, can be trained to detect anomalies in broader patterns of network activity, thus presenting a more comprehensive and dynamic barrier to attack.67DARPA’s 2016 Cyber Grand Challenge demonstrated the potential power of AI-enabled cyber tools.

  • Likewise, in a case study in Cambodia, health facilities that were allowed autonomy to use their PBR funds and other resources as they deemed most beneficial, led to more innovative approaches in how to remunerate midwifes, thereby improving the quality of delivery care140.In contrast, the Girls’ Education Challenge did not experience greater innovation in their project delivery.

  • Eligible candidates will be provided with the course Syllabus/Syllabi at least two weeks prior to the start of the Challenge.

  • The Housing Department has a memorandum of agreement with the MISD regarding the Menominee Ropes and Challenge Course.

  • Grunes (2009), ‘Toward a Better Competition Policy for the Media: The Challenge ofcan address the issue of concentration and choice, it can by no means guarantee that ownership will be dispersed and that new entry will occur.


More Definitions of Challenge

Challenge means, with respect to any Regeneron Patent Right, to contest the validity or enforceability of any such Patent Rights, in whole or in part, in any court, arbitration proceeding or other tribunal, including the United States Patent and Trademark Office and the United States International Trade Commission, and (ii) the term “contest” includes (A) filing an action under 28 U.S.C.§§ 2201-2202 seeking a declaration of invalidity or unenforceability of any such Patent Rights; (B) citation to the United States Patent and Trademark Office pursuant to 35 U.S.C.§ 301 of prior art patents or printed publications or statements of the patent owner concerning the scope of any such Patent Rights; (C) filing a request under 35 U.S.C.§ 302 for re-examination of any such Patent Rights; (D) filing, or joining in, a petition under 35 U.S.C.§ 311 to institute inter partes review of any such Patent Rights or any portion thereof; (E) filing, or joining in, a petition under 35 U.S.C.§ 321 to institute post-grant review of any such Patent Rights or any portion thereof; (F) becoming a party to an interference with an application for any such Patent Rights pursuant to 35 U.S.C.§ 135; (G) any foreign equivalent of clauses (A), (B), (C), (D), (E), or (F) in any country outside the United States; or (G) filing or commencing any opposition, nullity, or similar proceedings challenging the validity of any such Patent Rights in any country; but “Challenge” excludes (1) becoming a party to a Third Party interference for the purpose of defending the validity of any such Patent Rights, (2) filing a request under 35 U.S.C.§ 251 for a reissue of any such Patent Rights, (3) any foreign equivalents of clauses (1) or (2) applicable in any country outside the of United States, (4) the exercise of Kiniksa’s rights pursuant to Section 17.18 (Injunctive or Other Equity Relief), (5) any claim as a defense in any lawsuit or administrative proceeding, or (6) any claim or proceeding that would otherwise be a Challenge hereunder to the extent commenced by a Third Party that after the Effective Date acquires or is acquired by Kiniksa or its Affiliates or its or their business or assets, whether by stock purchase, merger, asset purchase, or otherwise; Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by Kiniksa Pharmaceuticals, Lt...
Challenge means any challenge to the validity or enforceability of any of the Licensor Patents, including without limitation by (a) filing a declaratory judgment action in which any of the Licensor Patents is alleged to be invalid or unenforceable; or (b) filing or commencing any re-examination, interference, derivation proceeding, post-issuance proceeding, opposition, cancellation, nullity or similar proceedings against any of the Licensor Patents in the courts or patent offices in any country.
Challenge has the meaning set forth in Section 13.19(a).
Challenge means an appeal of a ruling of the Chair.
Challenge means any challenge to the [***], or [***] of any of the Licensed Patent Rights, including without limitation: (a) filing a declaratory judgment action in which any of the Licensed Patent Rights is alleged to be invalid or unenforceable; (b) citing prior art pursuant to 35 U.S.C. §122 or §301, filing a request for re-examination of any of the Licensed Patent Rights pursuant to 35 U.S.C. §302 or §311, filing [***] of the Licensed Patent Rights pursuant to [***], or filing [***] of the Licensed Patent Rights pursuant to [***]; or (c) filing or commencing any re-examination, opposition, cancellation, nullity or similar proceeding against any of the Licensed Patent Rights in any country.
Challenge means a dispute regarding a scheduled and validated video session.
Challenge means, with respect to Patent Rights, to challenge the validity or enforceability of any Patent Rights, including without limitation by (i) filing a declaratory judgment action in which Patent Rights are alleged to be invalid or unenforceable; (ii) citing prior art pursuant to 35 U.S.C. Sec. 301, making a request for re-examination of Patent Rights pursuant to 35 U.S.C. Sec. 302 and/or 311, or provoking or becoming party to an interference with an application for Patent Rights pursuant to 35 U.S.C. Sec. 135; or (iii) filing or commencing any opposition, cancellation, nullity or similar proceedings against Patent Rights in any country.