Product Claim definition

Product Claim means a Patent claim that (a) Covers [***].
Product Claim has the meaning set forth in Section 9.4.
Product Claim means a claim from a third party for money or other compensation (beyond reimbursement for the cost of the Product) in respect of potential or actual injury or harm allegedly due and owing as a result of the use, application or defect of the Product or Labeling of the Product, in each case solely with respect to Product sold or offered for sale outside of the Prior Territory, irrespective of the legal theory of liability.

Examples of Product Claim in a sentence

  • Each Asserted Product Claim requires an “organic co-solvent” comprising “polysorbate”—either expressly or by virtue of its dependency on another patent claim.


More Definitions of Product Claim

Product Claim has the meaning set forth in Section 3.26.
Product Claim means any notice, claim, demand, suit or cause of action to the extent alleging or relating to bodily injury or personal injury arising from any act or omission connected with the manufacture, development, Exploitation or use of the Product relating to alleged defects in the Product or resulting from an alleged intrinsic or latent problem or defect in the efficacy or safety of the Product.
Product Claim means a claim brought by a Third Party against any member of the Purchaser’s Group or the Astra Tech Group after the Completion Date which directly relates to Products (other than Excluded Products) sold prior to the Completion Date;
Product Claim shall have the meaning set forth in Section 11.2(b).
Product Claim means a claim from a Third Party for money or other compensation (beyond the cost of a particular Product) in respect of potential or actual injury or harm allegedly due and owing as a result of the use, application or defect of any of the Products or labeling of any of the Products, in each case irrespective of the legal theory of liability.
Product Claim means (a) a claim of an issued and unexpired Patent within the Product IP that has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, and that has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re-examination or disclaimer or otherwise, or (b) a claim in any pending Patent within the Product IP that has not been abandoned or finally disallowed without the possibility of appeal or re-filing of the application; provided that such claim, or any other claim that is not patentably distinct, has not been pending more than [***] ([***]) years from the priority date of such application (but if such pending claim with a pendency of [***] ([***]) years or longer subsequently issues it will be considered a Product Claim upon issuance, but without retroactive effect).
Product Claim has the meaning set forth in Section 13.3.