Third Party Infringement Claims definition

Third Party Infringement Claims and any Losses resulting from or arising out of or in connection with any such Third Party Claim (such Losses, collectively, “Third Party Infringement Losses”) shall be treated as follows:
Sample 1

Examples of Third Party Infringement Claims in a sentence

  • All liabilities, damages, costs and expenses arising out of such Third Party Infringement Claims shall be borne by Argos.

  • This indemnification excludes Losses arising out of Third Party Infringement Claims resulting from AEVI’s exercise in accordance with the terms of this Agreement of any intellectual property rights granted by KKC hereunder.

  • Subject to any applicable indemnification obligations of Clearside, all liabilities, damages, costs and expenses arising out of such Third Party Infringement Claims shall be borne by NovaMedica.

  • All liabilities, damages, costs and expenses arising out of such Third Party Infringement Claims shall be borne by Clearside.

  • Section 4.32 states, “The Contractor shall hold and save harmless the State of Maryland, the MLGCC, the MLGCA, and its agents, officers, and employees from liability of any nature or kind arising out of a claim or suit, including Third Party Infringement Claims, for or on account of the use of any service, work product or deliverable furnished or used in the performance of any Contract resulting from this RFP or the New Intellectual Property Rights.

  • Section 4.32 states, “The Contractor shall promptly provide written notice to the MLGCA of each claim received, or reasonably anticipated to be asserted, that the service, work product, deliverables, or New Intellectual Property Rights infringe or otherwise violate any third party Intellectual Property Rights (Third Party Infringement Claims).

  • In the event that the Defending Party elects not to defend against such Third Party Infringement Claims within sixty (60) days of learning of same, the non-Defending Party shall have the right, but not the obligation, to defend against such an action, subject in all cases to the assistance and cooperation provisions of this Section 4.3.

  • This indemnification excludes Losses arising out of Third Party Infringement Claims resulting from Genzyme’s exercise in accordance with the terms of this Agreement of any intellectual property rights granted by Isis hereunder, including Genzyme’s exercise of its rights under the Product-Specific Patents.

  • Notwithstanding anything to the contrary set forth in this Agreement, with respect to Third Party Infringement Claims filed by a Third Party within 18 months after the First Commercial Sale of a Product, 89% of any damages awarded as a final judgment by a court of competent jurisdiction will be treated as “Expenses” hereunder and the remaining 11% will be paid solely by Ionis.

  • This indemnification excludes Losses arising out of Third Party Infringement Claims resulting from KHK’s exercise in accordance with the terms of this Agreement of any intellectual property rights granted by Medgenics hereunder.

Related to Third Party Infringement Claims

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

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

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

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

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

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

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

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

  • 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.

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

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • 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.

  • 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.

  • Licensed Patent Rights means:

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

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

  • Third Party Claim has the meaning set forth in Section 7.05(a).

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

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

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

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

  • 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.

  • 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.