Development Threshold definition
Examples of Development Threshold in a sentence
If the parties do not agree on the prior development meeting or exceeding the Prior Development Threshold, any dispute arising out of or relating to such prior development issue shall be finally resolved by arbitration.
Subject to clause 9.3, the Developer shall generally dedicate the Dedication Land to the Planning Authority prior to the relevant Development Threshold for the Works associated with the Dedication Land.
In the event a prior development issue arises with respect to rights under the Licensor's or MTF's respective future patents as contemplated herein and one party desires to demonstrate or is required to demonstrate with respect to a future patent right held by the other party prior development occurring before a specified date and meeting or exceeding the Prior Development Threshold, the following procedure shall be used.
In such event, the Development Costs for such assumed Development activities shall remain solely the obligation of Infinity, up to the Development Threshold, and thereafter, shared equally by the Parties in accordance with Section 4.6.
In the event Licensor cannot satisfy the Prior Development Threshold, to the extent a future patent right within clauses (b) and (c) above and owned or licensable by MTF includes a claim for which MTF cannot, as of the date of issue of such patent, show prior development work that meets the Prior Development Threshold, MTF agrees not to assert such claim against Licensor to the extent Licensor is making a 558/655 Product.
If no different Development Threshold is agreed, then the Development Threshold for the Superseded Contribution becomes the Development Threshold for the Substitution Contribution.
The activities shall be considered to meet or exceed the Prior Development Threshold only if they have proceeded from the date of conception without any significant period of abandonment.
The arbitrator(s) shall, where needed to interpret the Prior Development Threshold standard, apply the substantive law of priority of invention as it has been developed in interference cases before the U.S. Patent and Trademark Office.