Essential Patent Claim definition

Essential Patent Claim means any Patent Claim the practice of which was necessary to implement either a mandatory or optional portion of a normative clause of the IEEE Standard when, at the time of the IEEE Standard’s approval, there was no commercially and technically feasible non-infringing alternative implementation method for such mandatory or optional portion of the normative clause. An Essential Patent Claim does not include any Patent Claim that was essential only for Enabling Technology or any claim other than that set forth above even if contained in the same patent as the Essential Patent Claim.

Essential Patent Claim means any Patent Claim the use of which was necessary to create a

Essential Patent Claim means a Patent claim that is essential to compliance with any portion of the air interface specification of one or more WWAN Interfaces (i.e., such patent claim must necessarily be infringed in order to implement any portion, including optional portions, of the air interface specification of a WWAN Interface).

Examples of Essential Patent Claim in a sentence

• If the IEEE receives notice that a [Proposed] IEEE Standard may require the use of a potential Essential Patent Claim, the IEEE shall request licensing assurance, on the IEEE Standards Board approved Letter of Assurance form, from the patent holder or patent applicant.

• An asserted potential Essential Patent Claim for which an assurance cannot be obtained (e.g., a Letter of Assurance is not provided or the Letter of Assurance indicates that assurance is not being provided) shall be referred to the Patent Committee.

• This assurance shall be provided prior to a reaffirmation if the IEEE receives notice of a potential Essential Patent Claim after the standard’s approval or a prior reaffirmation.

• An Essential Patent Claim is any Patent Claim the use of which was necessary to create a compliant implementation of the IEEE Standard when there was no commercially and technically feasible non-infringing alternative.

• This assurance shall be provided prior to a reaffirmation/stabilization if the IEEE receives notice of a potential Essential Patent Claim after the standard’s approval or a prior reaffirmation/stabilization.

More Definitions of Essential Patent Claim

Essential Patent Claim means any Patent Claim the practice of which was necessary to implement

Essential Patent Claim means a claim of a patent, whether or not issued as of the date of this Agreement, that is necessarily infringed by implementing the required portions of the TIP Specification. A claim is necessarily infringed only when there is no technically or commercially reasonable way to avoid infringement of that claim when following the requirements of the TIP Specification to make a Compliant Implementation. Notwithstanding the foregoing, the term Essential Claim does not include any claim: (a) that, if licensed, would require the payment of royalties by the licensor to a person or entity that is not affiliated with the licensor; or (b) that is essential only to the implementation of a standard that is referenced in the TIP Specification.

Essential Patent Claim means any Patent Claim the use of which is necessary to create a compliant implementation of either mandatory or optional portions of the normative clauses of the [Proposed] IEEE standard, when, at the time of the [Proposed] IEEE Standard’s approval, there is no commercially and technically feasible non-infringing alternative. Essential Patent Claims do not include any claims other than those set forth above even if contained in the same patent as Essential Patent Claims.'

Essential Patent Claim means any Patent Claim the use of which was necessary to create a compliant implementation of either mandatory or optional portions of the normative clauses of the PWG Standard when, at the time of the PWG Standard's approval, there was no commercially and technically feasible non-infringing alternative. An Essential Patent Claim does not include any Patent Claim that was essential only for Enabling Technology or any claim other than that set forth above even if contained in the same patent as the Essential Patent Claim.

Essential Patent Claim means any patent claim/and or claim in a published patent application when issued, that will be necessarily infringed as the result of compliant implementation of either mandatory or optional portions of a specific IEEE Standard.

Essential Patent Claim means any Patent Claim the use of which was necessary to implement either a mandatory or optional portion of a normative clause of the IEEE Standard when, at the time of the IEEE Standard's approval, there was no commercially and technically feasible non-infringing alternative.

Essential Patent Claim means any Patent Claim the practice of which is necessary to implement either a mandatory or optional portion of a normative clause of the Specification where there is no commercially and technically feasible non-infringing alternative implementation for such mandatory or optional portion of the normative clause. An Essential Patent Claim does not include any Patent Claim that is essential only for Enabling Technology or any claim other than that set forth above even if contained in the same patent as the Essential Patent Claim.