Covered Infringement definition

Covered Infringement shall have the meaning set forth for such term in Section 9.1.
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Covered Infringement means any Patent Infringement caused by the manufacture, use, importation, distribution, advertising, offer for sale or sale of a Covered Product; provided, however, that no Patent Infringement shall be Covered Infringement
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Covered Infringement is defined in Section 15.1 --------------------
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Examples of Covered Infringement in a sentence

  • Mylan shall promptly inform Penwest of any suspected infringement of any of the Penwest Patents or infringement or misappropriation of the TIMERx Production Technology, whether or not the same involves a Covered Infringement.

  • Schwxxx Xxxrma shall promptly inform TIMERx Technologies of any suspected infringement of any of the TIMERx Technologies Patents or infringement or misappropriation of the TIMERx Production Technology of which Schwxxx Xxxrma is aware, whether or not the same involves a Covered Infringement.

  • Endo shall promptly inform PPG of any suspected infringement of any of the PPG Patents or Joint Technology Patents or infringement or misappropriation of the TIMERx Production Technology or Joint Technology of which Endo is aware, whether or not the same involves a Covered Infringement.

  • If the suspected infringement or misappropriation involves a Covered Infringement, Penwest shall, as soon as possible and in no event more than twenty (20) days of the first notice referred to in Section 11.1 hereof, inform Endo whether or not Penwest intends to institute suit against such third party with respect to a Covered Infringement.

  • Injunction Proceeding means any action or proceeding against the Insured to limit or cease the manufacture, use, distribution, advertising or sale of a Covered Product on the ground that the Covered Product results in Covered Infringement, and which could result in a legally enforceable order against the Insured to limit or cease as aforesaid.

  • Endo shall promptly inform Penwest of any suspected infringement of any of the Penwest Patents or Penwest Product Technology Patents or infringement or misappropriation of the TIMERx Production Technology or Penwest Product Technology of which Endo is aware, whether or not the same involves a Covered Infringement.

  • Horizon shall promptly inform Penwest of any suspected infringement of any of the Penwest Patents or Penwest Trademark(s) or infringement or misappropriation of any of the Penwest Technology, the Joint Developments or TIMERx Improvements, whether or not the same involves a Covered Infringement.

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  • Penwest shall promptly inform Endo of any suspected infringement of any of the Penwest Patents or Penwest Product Technology Patents or the infringement or misappropriation of the TIMERx Production Technology or Penwest Product Technology by a third party, to the extent such infringement or misappropriation involves the manufacture, use or sale of the Product or a substitutable or directly competitive product in the Territory ("Covered Infringement").

  • If the suspected infringement or misappropriation does not involve a Covered Infringement, Penwest may take, or refrain from taking, any action it chooses, with or without notice to Endo, and Endo shall have no right to take any action with respect to such suspected infringement or misappropriation, nor to any recoveries with respect thereto.

Related to Covered Infringement

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Infringement has the meaning set forth in Section 6.3(a).

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed Patent Rights means:

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, 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, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Third Party Claim has the meaning set forth in Section 7.05(a).

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Licensee Patents means all Patents that (i) claim any inventions developed by or on behalf of Licensee in the Development, manufacture or Commercialization of any of the Products in the Field pursuant to this Agreement, or (ii) are Controlled by Licensee or its Affiliates during the Term and claim or cover any of the Products (including composition of matter, methods of manufacturing and methods of treatment or use).”

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Joint Patents has the meaning set forth in Section 8.1.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Third Party Claims has the meaning set forth in Section 11.1.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).