Product Infringement Action definition

Product Infringement Action is defined in Section 6.3.2(a).
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Product Infringement Action has the meaning set forth in Section 7.4.2.
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Examples of Product Infringement Action in a sentence

  • With respect to any Product Infringement Action in the Territory, the Party subject to such Infringement Action shall have the right to direct and control the defense thereof at its own expense with counsel of its choice; provided, however, that the other Party may participate in the defense and/or settlement thereof at its own expense with counsel of its choice.

  • Newco shall cooperate fully with Company, including, either as required by law or at the request of Company, by joining as a nominal party and executing such documents as may reasonably be required for such Competing Product Infringement Action, all at the expense of Company.

  • Company shall keep Newco reasonably informed of the progress of any such Competing Product Infringement Action controlled by Company.

  • With respect to any Product Infringement Action related to any Compound or XenoPort Product in the Territory, the following provisions shall apply.

  • For the purposes of this Section 10.4, an "Infringement Action" shall mean, individually, either a Product Infringement Action or an Intermediate Infringement Action, as applicable, and collectively, Product Infringement Actions and Intermediate Infringement Actions.

  • The Party who is subject to any Product Infringement Action described in the foregoing sentence agrees: (a) [**]; and (b) [**] in such Product Infringement Action, [**]; in each case, [**].

  • In such case, Merck and Chimerix shall consult and cooperate fully to determine a course of action, including but not limited to the commencement of legal action by Chimerix, to terminate any infringement of the Relevant Chimerix Patent Claims in such Product Infringement Action.

  • Each Party shall bear all of its own internal costs incurred in connection with its activities under this Section 6.5. If a Party commences a Product Infringement Action, it shall bear all external costs and expenses for such Action.

  • Merck shall promptly inform Chimerix if it elects not to exercise such first right under Section 7.5.2 above, and Chimerix shall thereafter have the right to initiate and prosecute such Product Infringement Action or control the defense of such declaratory judgment action.

  • Neither Merck nor Chimerix shall settle any such action or proceeding set forth in the foregoing clauses 7.5.2 or 7.5.3 with respect to the Relevant Chimerix Patent Claims in a Product Infringement Action, as applicable, without the prior written consent of the other Party, such consent not to be unreasonably withheld.

Related to Product Infringement Action

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

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • 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.

  • Third Party Infringement has the meaning set forth in Section 5.1.

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

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

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Licensed Patent Rights means:

  • 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.

  • 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.

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

  • 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.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • 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.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • 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.

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

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Joint Patents has the meaning set forth in Section 8.1.

  • 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.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Product Complaint means any written, verbal or electronic expression of dissatisfaction regarding the Product, including without limitation reports of actual or suspected product tampering, contamination, mislabeling or inclusion of improper ingredients.

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.