McDATA Patents definition

McDATA Patents means, except as to the joint patents between McDATA and [*] (US Patent Application Serial Numbers [*] and [*]) which patent applications are directly related to the products jointly developed by McDATA for [*] referenced in the Agreement between McDATA and BROCADE dated March 26, 1998, the existing McDATA patents and patent applications as of April 1, 1998 whose claims would be infringed by the manufacture, use, sale, offer for sale, import or other disposition of Fibre Channel-based Products; including without limitation all foreign counterparts issued or issuing on such patents or patent applications. It is understood that the license set forth in Section 11.2 is not contingent upon actual practice of the McDATA Patents during the Patent Term.
McDATA Patents means, except as to the joint patents between McDATA and [*] (US Patent Application Serial Numbers [*] and [*]) which patent applications are directly related to the products jointly developed by McDATA for [*] referenced in the Agreement between McDATA and BROCADE dated March 26, 1998, the existing McDATA patents and patent applications as of April 1, 1998 whose claims would be infringed by the manufacture, use, sale, offer for sale, import or other disposition of Fibre Channel-based Products; including without limitation all foreign counterparts issued or issuing on such patents or patent applications. It is understood that the license set forth in Section 11.2 is not contingent upon actual practice of the McDATA Patents during the Patent Term. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omissions.
McDATA Patents means all patents throughout the world owned by McDATA: (i) issued or issuing on a patent or patent application entitled to an effective filing date prior to the Effective Date; and (ii) under which McDATA or a McDATA Affiliated Company has, as of the Effective Date, the right to grant licenses, covenants or releases to EMC or an EMC Affiliated Company without such grant or exercise of such license, covenant or release to EMC or an EMC Affiliated Company resulting in the payment of royalties or other consideration by McDATA or a McDATA Affiliated Company. McDATA Patents shall also include any patent issuing on a patent application which is a division, continuation, continuation-in-part (only as to those claims that have a priority date on or before the Effective Date), or reissue of any of the aforesaid patents or patent applications.

Examples of McDATA Patents in a sentence

  • BROCADE acknowledges and agrees that McDATA is and shall remain the sole owner of the McDATA Patents and the McDATA Know-how and that BROCADE has no rights in or to the McDATA Patents or the McDATA Know-how other than the license set forth herein.

Related to McDATA Patents

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensed Patent Rights means:

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Program Patent Rights means all Patent Rights that claim or cover patentable Program Know-How, including any Program-Specific Patent Rights.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Joint Patents means all Patents claiming Joint Inventions.

  • Licensee Patents means all of the Patents Controlled by Licensee, its Sublicensees, or any of its or their respective Affiliates as of the Effective Date or during the Term that are necessary (or, with respect to patent applications, would be necessary if such patent applications were to issue as patents) for the Exploitation of a Licensed Product in the Field in the Territory.

  • Regents' Patent Rights means any of the following: the U.S. patent application, serial number [***], entitled [***] disclosing and claiming the Invention, filed by Inventors and assigned to THE REGENTS; and continuing applications thereof including divisions, substitutions, and continuations-in-part (but only to extent the claims thereof are enabled by disclosure of the parent application); any patents issuing on said applications including reissues, reexaminations and extensions; and any corresponding foreign applications or patents.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Product Technology means the Product Know-How and Product Patents.

  • Joint Patent means a Patent that claims a Joint Invention.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, Product IP, and Licensor’s rights in the Program IP and Joint Patents.

  • Licensed Technology means the Licensed Know-How and Licensed Patents.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

  • Program Technology means Program Know-How and Program Patents.

  • Patent Application means an application for patent protection for a CRADA Subject Invention with the United States Patent and Trademark Office (“U.S.P.T.O.”) or the corresponding patent-issuing authority of another nation.

  • Licensed IP means the Intellectual Property owned by any person other than the Corporation and to which the Corporation has a license which has not expired or been terminated;