IP Action definition

IP Action means any decision affecting the validity, enforceability, or scope of any of the JV Intellectual Property Rights which may involve a capital expenditure by JV Company, including (without limitation) decisions relating to: filing foreign counterpart applications; making maintenance, annuity and renewal payments; filing continuation, request for continued examinations, or divisional applications; filing registration applications; making priority filings; filing statements of use, extensions of time, express abandonments, disclaimers and the like; participating in, defending, or initiating an opposition or other administrative proceedings; and initiating any enforcement proceedings.
IP Action has the meaning given to it in Section 10.1.
IP Action and "Disclosed IP Action" shall have the meanings set forth in the Purchase Agreement.

Examples of IP Action in a sentence

  • Should XDx elect to commence or defend legal proceedings in respect of the IP Action and Diaxonhit is joined as party in any such proceedings, Diaxonhit shall have the right to approve the counsel selected by XDx to represent the parties, such approval not to be unreasonably withheld.

  • Should Diaxonhit elect to commence or defend legal proceedings in respect of the IP Action and XDx is joined as party in any such legal proceedings, XDx shall have the right to approve the counsel selected by Diaxonhit to represent the Parties, such approval not to be unreasonably withheld or delayed.

  • If XDx does not take action in the prosecution, defence, prevention, or termination of any IP Action pursuant to clause 16.2 above, and has not commenced negotiations with the other party for the discontinuance of said IP Action, within ninety (90) days after receipt of notice to XDx by Diaxonhit of the existence of an IP Action, Diaxonhit may elect to do so.

  • XDx shall have the right, but not the obligation, to take action in the prosecution, defence, prevention, or termination of any IP Action.

  • In the event either Party determines that it is necessary or advisable to acquire rights under a Third Party’s Intellectual Property Rights, through a license or other agreement with such Third Party (“Third Party IP Agreement”), in order to Develop, Manufacture, or Commercialize any Product in the Territory under this Agreement, whether or not there has been the institution of any Third Party IP Action, such Party shall notify the other Party of such determination.

  • Licensor shall defend the Third Party IP Action, and unless otherwise agreed in writing by the Parties, Licensor shall have control of the defence of any such Third Party IP Action by counsel of its own choice; provided, however, that Licensor may not settle or compromise any Third Party IP Action in a manner that materially adversely affects Licensee’s rights or interests hereunder, without the written consent of Licensee (such consent not to be unreasonably withheld, conditioned or delayed).

  • Without Arena being relieved of any of its obligations hereunder, the requirements of clause (ii) include obtaining an express assumption by an assignee of obligations to join any Product IP Action as a party plaintiff and provide all reasonable assistance and cooperation in any Product IP Action.

  • Nothing in this Article 9.4 shall be deemed to oblige either Party to defend, indemnify or hold harmless the other Party arising from or occurring as a result of a Third Party IP Action.

  • Licensor shall keep the Licensee reasonably informed of all material developments in connection with any Third Party IP Action.

  • Each party shall bear 50% of the expense of the defence of a Third Party IP Action.


More Definitions of IP Action

IP Action as defined in Clause 14.2.2;
IP Action means any Offensive Action or Third Party Action.

Related to IP Action

  • Quebec Action means the Quebec Action as defined in Schedule A.

  • Action shall have the meaning ascribed to such term in Section 3.1(j).

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Ontario Action means the Ontario Action as defined in Schedule A.

  • Tort action means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons or government entities.

  • resolution action means the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers;

  • Adverse action means a home or remote state action.

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Manual Load Dump Action means an Operating Instruction, as defined by NERC, from PJM to shed firm load when the PJM Region cannot provide adequate capacity to meet the PJM Region’s load and tie schedules, or to alleviate critically overloaded transmission lines or other equipment. Manual Load Dump Warning:

  • Intellectual Property Claim any claim or assertion (whether in writing, by suit or otherwise) that a Borrower’s or Subsidiary’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other Property violates another Person’s Intellectual Property.

  • Collection Action means any of the following:

  • 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.

  • Hearing means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

  • Final Approval Order and Judgment means the order in which the Court certifies the Settlement Class, grants final approval of this Settlement Agreement, authorizes the entry of a final judgment, and dismisses the Action with prejudice.

  • Suit means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:

  • Motion means a formal proposition to be discussed and voted on during the course of a meeting.

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

  • Direct Action has the meaning set forth in Section 2.8(d).

  • Response Action means the investigation, cleanup, removal, remediation, containment, control, abatement, monitoring of or any other response action to the presence of Regulated Substances or Contamination in, on, at, under or emanating from the Stadium Site, including the correction or abatement of any violation required pursuant to Environmental Laws or by a Governmental Authority.

  • Bail-In Action means the exercise of any Write-Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Derivative Action means any Action brought by or in the right of the Corporation and/or an Affiliate.

  • Third Party Action means any suit or proceeding by a person or entity other than a Party for which indemnification may be sought by a Party under Article VII.

  • Specified Action has the meaning set forth in Section 3.4.2.

  • Claim means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, whether civil, criminal, administrative, regulatory or other, and whether at law, in equity or otherwise brought against an Indemnified Person.