Patent Assertion definition

Patent Assertion means either of the following assertions of rights under a Patent against a third party: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent. For the avoidance of doubt, and notwithstanding the foregoing, the following shall not be considered a Patent Assertion by a first Entity: (1) assertion of a claim or counterclaim or institution of an action or proceeding by such first Entity, in each case to establish the invalidity, non-Infringement or unenforceability of a Patent, including but not limited to a declaratory judgment action, in response to a Patent Assertion of such Patent against such first Entity, (2) institution of a reexamination proceeding or other post-grant challenge of a Patent in a patent office, whether or not in response to a Patent Assertion of such Patent against such first Entity, (3) providing a claim chart or other demonstration that a Patent of such first Entity may cover one or more Products and Services of a second Entity in the course of cross-license negotiations with such second Entity, and (4) asserting or instituting a claim, action or proceeding for Infringement in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, against a second Entity or its Affiliate in response to a claim of Infringement made in a Patent Assertion brought by the second Entity or its Affiliate against the first Entity or its Affiliate, or against another Entity based upon alleged Infringement by any of the first Entity’s or its Affiliate’s Products and Services, provided (i) that such claim by the first Entity is asserted at any time as a counterclaim in the same Patent Assertion filed by the second Entity or its Affiliate or (ii) such action or proceeding is filed within two (2) years after the first filing of the Patent Assertion by the second Entity or its Affiliate.
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Patent Assertion means either: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of a Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, ac- tion or proceeding in a judicial, administrative or other governmental body based on a claim of Infringement of such Patent.
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Patent Assertion means either of the following assertions of rights under a Patent against another Entity: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent.
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Examples of Patent Assertion in a sentence

  • Ginsburg, Patent Assertion Entities and Antitrust: A Competition Cure for a Litigation Disease, 79 ANTITRUST L.J. 501, 509 (2014); see also Benjamin Klein, Market Power in Antitrust: Economic Analysis After Kodak, 3 SUP.

  • Press Release, FTC Seeks to Examine Patent Assertion Entities and Their Impact on Innovation, Competition (Sept.

  • Trade Comm’n, FTC Seeks to Examine Patent Assertion Entities and Their Impact on Innovation, Competition (Sept.

  • Patent Assertion and US Innovation (June 2013), http://www.whitehouse.gov/sites/ default/files/docs/patent˙report.pdf (accessed Dec.

  • Colleen Chien, Patent Assertion and Startup Innovation, New America Foundation (Sept.

  • APPENDIX B Certification This Special Report, together with any and all appendices and attachments thereto, was prepared and assembled under my supervision in accordance with instructions issued by the Federal Trade Commission in its Special Orders for the Patent Assertion Entity Study.

  • Carrier, Patent Assertion Entities: Six Actions the Antitrust Agencies Can Take, 2013 CPI ANTITRUST CHRON.

  • According to a 2013 White House report, “[c]onservative estimates place the number of threats [by PAEs] in [2012] alone at a minimum of 60,000 and more likely at over 100,000.” Executive Office of the President, Patent Assertion and U.S. Innovation 6 (2013) (“White House Report”).

  • Fourthly, Huawei points to the increasing involvement of Patent Assertion Entities (“PAEs”) in the SEP licensing market and in litigation.

  • Mr. Jason Wolrich, 535 Elaine Avenue, stated that his preference is the northeast corner of the hockey rink because it will be less visible and will blend in.


More Definitions of Patent Assertion

Patent Assertion means (1) asserting by written or oral demand a claim of patent infringement for the primary purposes of deriving royalties or other monetary compensation under the patent or (2) the commencement of subsequent pursuit of a claim, action, or proceeding in a judicial, administrative, or other governmental body based on a claim of patent infringement.
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Patent Assertion means either of the following assertions of rights under a Patent against a third party, other than a Defensive Patent Claim: (i)asserting a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, and/or (ii) the commencement or pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent. For the avoidance of doubt, the following shall not be considered a Patent Assertion by an Entity: (i) assertion of a claim or counterclaim or institution of an action or proceeding by such Entity to establish the invalidity, non-Infringement or unenforceability of a Patent, including but not limited to a declaratory judgment action, in response to a Patent Assertion of such Patent against such Entity, (ii) institution of a reexamination proceeding or other post-grant challenge of a Patent in a patent office, whether or not in response to a Patent Assertion of such Patent against such Entity, and(iii) providing a claim chart or other demonstration that a Patent of such Entity may cover one or more Products and Services of another Entity in the course of cross-license negotiations with such other Entity.
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Patent Assertion means any of the following assertions of rights under a Patent against another Person (a) a written demand, allegation or assertion of a claim of infringement or an invitation to license, that would lead a recipient to understand that such demand, allegation, or assertion or refusal of such invitation will likely result in a claim, action, or proceeding in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission for infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation (a “Filed Claim”), or (b) the commencement or subsequent pursuit of a Filed Claim.
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Related to Patent Assertion

  • 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.

  • 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.

  • 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.

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

  • Joint Patents means all Patents claiming Joint Inventions.

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

  • Collaboration Patent Rights means Patent Rights claiming 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.

  • 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.

  • 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.

  • Licensed Patent Rights means:

  • 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.

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

  • 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.

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

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

  • Infringement has the meaning set forth in Section 6.3(a).

  • 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.

  • 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.

  • 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.

  • 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.

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

  • Patent Expenses means all reasonable costs (including attorneys’ and application fees) incurred by University in accordance with this Agreement to apply for, prosecute and maintain Licensed Patents, including but not limited to the costs of interferences, oppositions, inter partes review and re-examinations. Patent Expenses include reimbursement for in-house costs provided they are for activities that would otherwise have been performed by outside counsel at an equal or greater expense.