Invalidity Action definition

Invalidity Action has the meaning set forth in Section 12.6.
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Invalidity Action has the meaning set forth in Section 15.4.
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Invalidity Action means, with respect to a Patent, any action, claim, or demand brought by a Third Party, including a declaratory judgment action, opposition, inter partes review or other post- grant proceeding, alleging that such Patent is invalid or unenforceable.
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Examples of Invalidity Action in a sentence

  • The Parties will reasonably confer to discuss whether to bring such action or the manner in which to settle such action, and if any Invalidity Action is brought by a Party, each Party will provide such assistance as may be reasonably requested by the other Party (at such other Party’s cost) in connection with such Invalidity Action.

  • Any defense of an Invalidity Action by Seller shall be governed by this Section ‎2.6. Seller may defend or enforce any Licensed IP with the prior written consent of Buyer, which shall not be unreasonably withheld or delayed.

  • For the avoidance of doubt, in no event shall any interferences, reissue proceedings, oppositions and re-examinations be deemed an Invalidity Action, and the conduct and management of any such matters shall be governed by the provisions of Article 14.

  • For clarity, if AMGEN is named in an Invalidity Action but not JASPER, then JASPER shall have the right to join and control the defense of such Invalidity Action at JASPER’s own expense and using counsel of JASPER’s choice.

  • JASPER shall have the first right, but not the obligation, to defend or control the defense of any Invalidity Action.

  • The Controlling Party shall promptly provide such other Party with copies of all material documents filed or received in connection with such Invalidity Action.

  • If JASPER elects not to defend or control the defense of an Invalidity Action, then AMGEN shall have the right, but not the obligation, to defend or control the defense of such Invalidity Action, at AMGEN’s own expense and using counsel of AMGEN’s choice.

  • If a declaratory judgment action is brought naming either Party as a defendant and alleging invalidity or unenforceability of any of the Licensed Patents (an “Invalidity Action”), the Party first having notice of the Invalidity Action shall promptly notify the other Party, and the Parties shall promptly confer to consider the Invalidity Action and the appropriate course of action.

  • The Party defending or controlling the defense of an Invalidity Action (the “Defending Party”) shall keep the other Party reasonably informed, in person or by telephone or e-mail, regarding the status of such Invalidity Action.

  • If KCI intends to challenge the validity or enforceability of any Licensed Patent (any, a “Invalidity Action”), (i) it shall notify NovaBay at least ninety (90) days in advance of bringing any Invalidity Action with respect thereto and provide NovaBay the basis therefor.


More Definitions of Invalidity Action

Invalidity Action has the meaning set forth in Section 17.2(a).
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Related to Invalidity Action

  • Invalid means one who is physically or mentally incapacitated.

  • Provision in relation to the Act, means words or other matter that form or forms part of the Act, and includes:

  • invalid carriage means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person;

  • Validity means being:

  • Competent Court of Law means any court or tribunal or any similar judicial or quasi- judicial body in India that has jurisdiction to adjudicate upon issues relating to this Agreement;