Final Court Decision definition

Final Court Decision means a final decision of any Federal court from which no appeal has been taken or can be taken within the time permitted therefor (other than a petition to the United States Supreme Court for a writ of certiorari).

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Final Court Decision means a decision by a court on the merits whereby such court enters final judgment of invalidity, unenforceability or non-infringement of the Orange Book Listed Patents from which no appeal (other than a petition to the United States Supreme Court for a writ of certiorari) has been or can be taken. For the avoidance of doubt, any withdrawal, settlement or dismissal of any action or dispute without a decision on the merits of the asserted patent claims (whether such dismissal is with or without prejudice, and wither or not such claims may be relitigated) shall not be deemed a Final Court Decision.

Final Court Decision means a decision of a court:

Examples of Final Court Decision in a sentence

If a Franchisee or an O&M Contractor is directed, ordered or required to cease to perform the Activities (or to change the way it does so) as referred to in clause 7.6(b) other than by way of a Final Court Decision, then clause 18.1 will apply.
If there is a Final Court Decision regarding a Generic Equivalent holding all then asserted, adjudicated, and unexpired claims of the Licensed Patents invalid, canceled, unenforceable, and/or not infringed by a Generic Equivalent, then the Launch Date shall automatically be amended to the date of such Final Court Decision provided such Final Court Decision precedes the existing Launch Date.
This Agreement shall continue from the Execution Date until the earlier of: (a) the expiration of the last to expire of the Licensed Patents, as defined by the License Agreement; or (b) the date of a Final Court Decision, as defined by the License Agreement, that all of the claims of all of the Licensed Patents, as defined by the License Agreement, are invalid, not infringed, or unenforceable.
Unless earlier terminated in accordance with the terms hereof, the term of this License Agreement (the “Term”) shall extend from the Effective Date until the earlier of: (a) the expiration of the last to expire of the Licensed Patents; or (b) the date of a Final Court Decision that all of the Licensed Patents are invalid or unenforceable.
In the event of a Final Court Decision in a proceeding involving a Third Party proposing to market a Generic Equivalent prior to the License Effective Date of invalidity and/or unenforceability and/or non-infringement of each of the unexpired claims of the Depomed Patents asserted and adjudicated in such proceeding, then the License Effective Date shall automatically be accelerated and amended to the date of such Final Court Decision.

More Definitions of Final Court Decision

Final Court Decision means a final decision of

Final Court Decision means a decision of a court or the U.S. Patent Trial and Appeal Board from which no appeal has been or can be taken, excluding any petition for a writ of certiorari or other proceedings before the United States Supreme Court. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

Final Court Decision means a decision by a court from which no appeal has been taken or can be taken (other than by a petition to the United States Supreme Court for writ of certiorari) and it further includes a decision from a proceeding before the USPTO including an inter partes review, ex partes review, or any other proceeding from which no appeal has been taken or can be taken (other than by a petition to the United States Supreme Court for writ of certiorari).

Final Court Decision means a final decision on the merits of a United States Court or the U.S. Patent Trial and Appeal Board (including any decision resulting from any inter partes review, post grant review or ex parte reexamination) from which no further appeal has been or can be taken, other than a petition to the Supreme Court for a writ of certiorari.

Final Court Decision means a decision by a court that is no longer subject to a right of appeal (other than by a petition to the United States Supreme Court for writ of certiorari). “First Filer” shall mean a first applicant, as defined under 21 U.S.C. § 355(j)(5)(B)(iv)(II)(bb) (as amended or replaced), and wherein such first applicant has not forfeited, waived or otherwise relinquished its generic exclusivity period. “Generic Product” means an injectable acetaminophen drug formulation that is approved under the Federal Food, Drug, and Cosmetic Act under section 505(b)(2) or 505(j) of the Act, that relied in whole or in part on data developed for, or the approval of, the Cadence Product. “Launch at Risk” means commercial Marketing of a Generic Product by a Third Party that is (i) prior to the earlier of (a) the Entry Date (as defined below) or (b) a Final Court Decision that such Third Party’s Generic Product does not infringe any valid unexpired claim of the ’218 Patent and the ’222 Patent; and (ii) not licensed or otherwise authorized by the Cadence Parties prior to the date of such Marketing commencement.

Final Court Decision means a decision of a United States Court, including any settlement order, consent decree, consent judgment, or similar form of judgment entered by such

Final Court Decision means a decision (i) by a court of competent jurisdiction, or (ii) by the United States Patent and Trademark Office in an inter partes review, post grant review, or other similar proceeding proceeding, in each of clauses (i) and (ii) on the merits (e.g., after a trial or summary judgment motion) of the asserted patent claims, whereby such court enters final judgment of invalidity, unenforceability and/or non-infringement (as applicable) from which no appeal (other than a petition to the United States Supreme Court for a writ of certiorari) has been or can be taken. For the avoidance of doubt, any settlement, consent judgment entered as part of any settlement, withdrawal or dismissal of any action or dispute without a decision on the merits of the asserted patent claims (whether such settlement, consent judgment, withdrawal or dismissal is with or without prejudice, and whether or not such claims may be relitigated) shall not be deemed a Final Court Decision.