Valid Patent definition

Valid Patent as long as the Product remains protected by at least one valid claim in the Patent(s) (each, a “Valid Claim”), the royalty shall be paid according to the following table: $0 - $50 MM 10% $50 - $100 MM 12% $100 - $200 MM 16% >$200 MM 18%
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Valid Patent means a claim in an issued, unexpired patent within the CFFT Patents or the EPIX Patents that (a) has not been finally cancelled, withdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction, (b) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of a court or other body of competent jurisdiction that is unappealable or unappealed within the time allowed for appeal, (c) has not been rendered unenforceable through disclaimer or otherwise, and (d) is not lost through an interference proceeding.
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Valid Patent means any of St. Jude's Patents or VSI's Patents which is unexpired and which has not been declared invalid or unenforceable by a decision of the U.S. Patent and Trademark office (the "PTO"), foreign patent office or appropriate administrative agency, or a court of competent jurisdiction which is both unappealed and unappealable.
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Examples of Valid Patent in a sentence

  • Notwithstanding anything herein to the contrary, with respect to any Licensed Product only a single royalty payment shall be due and payable, regardless if such Licensed Product is covered by more than one Valid Patent Claim or contains more than one component Covered by a Valid Patent Claim.

  • For the sake of clarity, royalties paid under this Section 9.4.7 shall be mutually exclusive of royalties to be paid under Sections 9.4.1-9.4.6; in no event shall royalties be paid under this Section 9.4.7 on Net Sales of Termination Products Covered by a Valid Patent Claim of the Genentech IP Rights.

  • Where tied to a Valid Patent Claim, royalties under this Article 5 are payable only during time periods in which sale of the applicable Licensed Product is Covered by a Valid Patent Claim in the applicable country.

  • Notwithstanding the provisions of Section 5.4.1(a), in countries where the sale of Product by Merck or its Related Parties would not infringe a Valid Patent Claim, Merck shall pay royalty rates that shall be set at [***] of the applicable royalty rate determined according to Section 5.4.1(a).

  • In partial consideration for the license for Exclusive Products granted to Genmab herein, during the Royalty Term and subject to ▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇ shall pay to SGI royalties on the aggregate Net Sales of all Exclusive Products the manufacture, use, sale, offer for sale or import of which would, but for the licenses granted hereunder, infringe a Valid Patent Claim described in Section 1.1.115(a)(ii) on a country-by-country basis.

  • In countries in which the sale of the relevant Product by Pfizer or its Related Parties is not Covered by a Valid Patent Claim in the country of sale, Pfizer shall pay Arvinas royalties as a percentage of Net Sales of the relevant Product by Pfizer or its Related Parties in the applicable Pfizer Year of the applicable Royalty Period at royalty rates that shall be set at [**] percent ([**]%) of the royalty rate applicable at the relevant time determined according to 5.5.1(a)(i) through (iii).

  • This Section 5.13.2 shall apply to sales of Products in any country where such sale would infringe a Valid Patent Claim at any time, even if such Valid Patent Claim subsequently expires before the [***] of the date of First Commercial Sale of such Product in such country.

  • Except as otherwise specifically provided for herein or mutually agreed to by the Parties, this Agreement and all the rights and obligations hereunder shall remain in full force and effect until the expiration of the last Valid Patent Claim under the last Licensed Patent (the “Term”).

  • If a Product is not covered by a Valid Patent Claim in the Territory, WCCI shall pay Paratek royalties at [***] percent ([***]%) of the applicable rates specified in Section 7.5.1 until expiration of the Royalty Term applicable to such Product.

  • Royalties on Licensed Product at the rates set forth above shall be paid during the Royalty Term, which shall commence with the First Commercial Sale of the Licensed Product and continue until the expiration of the later of: (i) the last-to-expire Valid Patent Claim of AMBRX Existing Patent Rights that would be infringed by the manufacture, use or sale of Licensed Product in the Territory; or (ii) the period of twenty (20) years following the First Commercial Sale of such Licensed Product in Territory.


More Definitions of Valid Patent

Valid Patent means a claim of an issued patent included within the TBC Patents that has not expired or been withdrawn, canceled, disclaimed or held invalid by a court or governmental agency of competent jurisdiction in an unappealed or unappealable decision.
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