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 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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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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Examples of Declaratory Judgment Actions in a sentence

  • Lee, Call It a Comeback: A Sweeping Change in the Law on Declaratory Judgment Actions Against Patent Owners, 64 N.Y.U. ANN.

  • Law reviews: For article, "Declaratory Judgment Actions to Resolve Insurance Coverage Questions", see 18 Colo.

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

  • Coal & Oil Co., 312 U.S. 270, 273 (1941)) (internal quotation marks omitted); see also Nick Walrath, Expanding Standing in Patent Declaratory Judgment Actions to Better Air Public Policy Considerations, 88 N.Y.U. L.

  • The Availability of Declaratory Judgment Actions to Patent Licensees After MedImmune, Inc.

  • California and New York Declaratory Judgment Actions In March 2003, Utica learned that Goulds had filed a lawsuit in California seeking, among other things, declaratory judgment against a number of its insurers, including Utica.

  • Frankel & Ethan Forrest, Museums' Initiation of Declaratory Judgment Actions and Assertion of Statutes of Limitations in Response to Nazi-Era Art Restitution Claims - A Defense, 23 DePaul J.

  • The logic governing Walker Process claims, however, suggests that we should treat claims brought ancillary to Declaratory Judgment Actions precisely as we treat counterclaims, see Walker Process, 382 U.S. at 176-77, though this atypical posture does raise an additional question.

  • The panel stated that its holding “does not ignore housing needs that arose in the gap period or a municipality’s obligation to otherwise satisfy its constitutional fair share obligations.” In re Declaratory Judgment Actions Filed by Various Muns., supra, 446 N.J. Super.at 293–94.

  • In re Declaratory Judgment Actions Filed byVarious Muns., supra, 446 N.J. Super.

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 Xxxxxxx 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.

  • 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).

  • Final Approval Order and Judgment means an order and judgment that the Court enters after the Final Approval Hearing, which finally approves the Settlement Agreement, certifies the Settlement Class, dismisses the Action with prejudice, and otherwise satisfies the settlement-related provisions of Federal Rule of Civil Procedure 23.

  • Alternative Judgment means a form of final judgment that may be entered by the Court but in a form other than the form of Judgment provided for in this Stipulation and where none of the Parties hereto elects to terminate this Settlement by reason of such variance.

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • Final Judgment means the Judgment Entered by the Court upon Granting Final Approval of the Settlement.

  • Reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Professional Judgement shall be defined as judgement that is informed by professional knowledge of curriculum expectations, context, evidence of learning, methods of instruction and assessment, and the criteria and standards that indicate success in student learning. In professional practice, judgement involves a purposeful and systematic thinking process that evolves in terms of accuracy and insight with ongoing reflection and self-correction.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.

  • Enforcement Action means any action of any kind to:

  • Protective proceeding means a judicial proceeding in which a protective order is sought or has been issued.

  • 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.

  • Juvenile court means the district court of this state.

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Regulatory Action means an administrative, regulatory, or judicial enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, injunction or consent decree, issued by the FDA or a federal or state court.

  • Competent Court means the Supreme Court of India or any High Court, or any tribunal or any similar judicial or quasi-judicial body that has jurisdiction in relation to issues relating to the Project.

  • Appellate court means the Supreme Court, Court of Appeals, or both, as appropriate.