Defensive Patent Claim definition

Defensive Patent Claim means an Infringement Claim asserted against a party in response to a prior Infringement Claim by said party against the asserter of the Defensive Patent Claim.
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Defensive Patent Claim means an Infringement Claim against a DPL User made in response to a pending prior Infringement Claim by said DPL User against the asserter of the Defensive Patent Claim.
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Defensive Patent Claim means a claim of patent infringement (including but not limited to claims made before the International Trade Commission), made by a second DPL User or its Affiliate against a first DPL User or its Affiliate in response to a claim of patent infringement asserted against such second DPL User or its Affiliate, or such second DPL User’s or its Affiliate’s product or service, by such first DPL User or its Affiliate, provided that such claim by the second DPL User or its Affiliate is asserted as a counterclaim in the same action filed by the First DPL User or its Affiliate or is filed in another forum within x months after assertion of the claim by the first DPL User or its Affiliate.
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More Definitions of Defensive Patent Claim

Defensive Patent Claim means a claim, action or proceeding for Infringement asserted or instituted by a first Entity in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, against a second Entity or its Affiliate in response to a claim of Infringement made in an Offensive Patent Proceeding brought by the second Entity or its Affiliate against the first Entity or its Affiliate, or against another Entity based upon alleged Infringement by any of the first Entity’s or its Affiliate’s Products and Services, provided (i) that such claim by the first Entity or its Affiliate is asserted at any time as a counterclaim in the same Offensive Patent Proceeding filed by the second Entity or its Affiliate or (ii) such action or proceeding is filed in another forum within two (2) years after the filing of the Offensive Patent Proceeding by the second Entity or its Affiliate.
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Related to Defensive Patent Claim

  • 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.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • 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.

  • 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:

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

  • Joint Patent means a Patent that claims a Joint Invention.

  • Program Patent Rights means all Patent Rights that claim or cover patentable Program Know-How, including any Program-Specific Patent Rights.

  • 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.

  • 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.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • 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.

  • Joint Patents means all Patents claiming Joint Inventions.

  • Third Party Infringement Claim has the meaning set forth in Section 6.4.

  • Licensee Patents means all of the Patents Controlled by Licensee, its Sublicensees, or any of its or their respective Affiliates as of the Effective Date or during the Term that are necessary (or, with respect to patent applications, would be necessary if such patent applications were to issue as patents) for the Exploitation of a Licensed Product in the Field in the Territory.

  • Regents' Patent Rights means any of the following: the U.S. patent application, serial number [***], entitled [***] disclosing and claiming the Invention, filed by Inventors and assigned to THE REGENTS; and continuing applications thereof including divisions, substitutions, and continuations-in-part (but only to extent the claims thereof are enabled by disclosure of the parent application); any patents issuing on said applications including reissues, reexaminations and extensions; and any corresponding foreign applications or patents.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

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

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

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

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

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

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

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Licensed IP means the Intellectual Property owned by any person other than the Corporation and to which the Corporation has a license which has not expired or been terminated;