Necessarily Infringed definition
Necessarily Infringed means infringement by an implementation of a Required Element (defined below) or Other Element (defined below) of such PCI Standard in a Compliant Product, there being no commercially and technically reasonable alternative way to implement that element of such PCI Standard without resulting in such infringement; (iii) “Compliant Product” means a product or service that implements all Required Elements of such PCI Standard; (iv) “Required Element” means any element of such PCI Standard identified as “must” or by words to similar affect; and (v) “Other Element” means any element of such PCI Standard other than a Required Element. This Agreement shall be governed by the internal laws of the State of Delaware, without regard to its choice of law provisions, as such laws are applied to agreements entered into and fully performed in the State of Delaware. The parties hereby consent to the non-exclusive jurisdiction of the Federal and State courts located in Wilmington, Delaware, U.S.A., for purposes of resolving disputes that may arise under this Agreement. Any notice required or permitted under this Agreement shall be in writing and sent to the intended recipient at the applicable address on the signature page of this Agreement (in the case of Vendor) or PCI Security Standards Council, LLC, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: General Manager (as applicable). Either party may modify its address and contact for notice purposes by notice in accordance with the preceding requirements and all notices will be deemed effective upon delivery by hand, five (5) days after being deposited in the US mails, postage prepaid, certified or registered, return receipt requested, or on the next business day after being sent by overnight courier, charges prepaid. Except as otherwise expressly provided herein, no modification or amendment to this Agreement shall be effective unless made in a writing executed by both parties. No waiver under this Agreement in one instance shall effect a waiver in any other instance. This Agreement, all Appendices hereto and the provisions of the Program Documents together constitute the entire agreement of the parties with respect to the subject matter hereof, and amend, restate and supersede in all respects all prior agreements or understandings between the parties hereto with respect to such subject matter.
Necessarily Infringed means unavoidable infringement by an implementation of a Specification, there being no commercially reasonable alternative way to implement the
Necessarily Infringed means that such infringement”: “is caused by the Fully Compliant Product’s implementation of Phy/MAC/Link layer technology corresponding to an Approved Draft Deliverable Technical Specification and such infringement” Therefore, the definition of Essential Patent Claims will read as follows with the new terms underlined:
Examples of Necessarily Infringed in a sentence
Necessary Claims Those claims under patents and/or patent applications (but not design patents or design registrations) anywhere in the world that would be Necessarily Infringed by the implementation of the Required Elements of an AMWA Specification.
Necessarily Infringed Unavoidable infringement by an implementation of a Required Element of an AMWA Specification, there being no technically and economically reasonable alternative way to implement that element without resulting in such infringement.
More Definitions of Necessarily Infringed
Necessarily Infringed means with respect to any given Patent Right, that infringement of the Patent Right would not occur but for inclusion of a CDP Invention in, or in the manufacture of, (i) a CDP Semiconductor Product or (ii) a DRAM Product.