Declaratory Judgment Actions definition

Declaratory Judgment Actions. In the event a third party brings an action to obtain a declaration of patent invalidity of a Licensed Patent (a "DJ Action") against CU, URC or USB (or its sublicensee RPI), the named defendant(s) shall have the first right to defend said action at its own cost and expense and to control ensuing litigation. If the named defendant elects not to defend the DJ Action, the other parties may elect to defend that action at its own cost and expense and to control the ensuing litigation. In the event that USB (or its sublicensee RPI) and either or both of CU and/or URC are named as parties to the DJ Action and either CU and/or URC elect to defend the action, RPI shall be responsible for the expenses incurred by CU and URC in connection therewith, provided that such expenses are approved in advance by RPI and are reasonable in amount. If CU, URC and or USB (or its sublicensee RPI) finally loses the DJ Action and one or more claims in a Licensed Patent are held to be invalid, this Agreement and the license granted to USB hereunder shall continue to the extent that the manufacture, use or sale of Licensed Products or Licensed Services are covered by any remaining valid claim(s) in any other Licensed Patent.
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Declaratory Judgment Actions. In the event a third party brings an action to obtain a declaration of patent invalidity of a Licensed Patent (a "DJ Action") against RPI or USB, RPI shall have the first right to defend said action (including the right to intervene, if necessary) at its own cost and expense and to control the ensuing litigation. If RPI elects not to defend the DJ Action, USB may elect to defend that action at its own cost and expense.
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Examples of Declaratory Judgment Actions in a sentence

  • INTELLECTUAL PROPERTY 36 5.1. Inventions 36 5.2. Filing, Prosecution and Maintenance of Patent Rights 37 5.3. Joint Research Agreement 40 5.4. Enforcement of Patent Rights 40 5.5. Response to Biosimilar Applicants 43 5.6. Interference, Opposition, Revocation and Declaratory Judgment Actions 48 5.7. Infringement of Third Party Patent Rights 48 6.

  • For purposes of this Agreement, the Third Round Prospective Need shall be deemed to include the Gap Period Present Need, which, as recognized by the Supreme Court in In re Declaratory Judgment Actions Filed By Various Municipalities, 227 N.J. 508 (2017), is a measure of households formed between 1999 and 2015 that need affordable housing.

  • This Agreement, including the payment terms in this Section 2, may be enforced by an application to enforce litigants' rights or to enforce this settlement in the Declaratory Judgment Actions or by separate action in the state or federal courts of New Jersey or as otherwise permitted by law.

  • The Parties acknowledge and agree that the remainder of this Section 6.3 is subject to Section 7.3 of the Therapeutic License Agreement (Declaratory Judgment Actions).

Related to Declaratory Judgment Actions

  • Alternate Judgment means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and ▇▇▇▇▇▇▇ prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • Declaratory order means the department’s interpretation of a statute, rule or order as applied to specified circumstances. A declaratory order is issued in response to a petition for declaratory order.

  • Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.

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