Patent Validity Challenge definition

Patent Validity Challenge means any action that challenges the validity or enforceability of, or otherwise opposes, any of the claims of the Patent Rights (including without limitation filing an action under the Declaratory Judgment Act, 28 U.S.C. §2201(a)) by Company or any Company Affiliates or any of its Sublicensees or any of its Affiliates or any Third Party acting on behalf of Company, Company Affiliates or any of their Sublicensees or any of its Affiliates.
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Examples of Patent Validity Challenge in a sentence

  • If Company assumes such defense, it shall diligently oppose such Patent Validity Challenge and cooperate with Georgetown in such defense.

  • In the event that a Patent Validity Challenge is brought against Georgetown or Company by a Third Party, the Company, at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense.

  • For clarity, no payment made to Georgetown is refundable or may be offset, including any amounts paid under this Agreement prior to or during the period of the Patent Validity Challenge, even if the Patent Validity Challenge is successful or it is otherwise determined that the Patent Rights are invalid or unenforceable.

  • In no less than ten (10) Business Days, prior to taking or causing any Patent Validity Challenge, Company, Affiliate or Sublicensee shall notify in writing of such intent to Georgetown and may at its sole discretion first file a Request for Reexamination of the Patent Rights in the USPTO, and await a final determination of said Request for Reexamination by the tribunal of last resort having jurisdiction.

  • Georgetown shall have the right to terminate this Agreement by written notice to Company in the event of a Patent Validity Challenge by Company or Sublicensee.