Validity Challenge definition

Validity Challenge means any proceeding (including any appeal) in which the validity, enforceability or Entitlement of any Patent is challenged before any Governmental Authority empowered to decide on the validity, enforceability or Entitlement of that Patent including without limitation (1) invalidity, revocation or nullity challenges; (2) any pre-grant or post-grant oppositions, re-examination procedures, third party observations, or other validity challenges to Patents; or (3) any other proceeding filed before any forum that seeks to challenge the validity, enforceability or Entitlement of any Patent (including post grant review proceedings in the United States) and/or seeks a declaration (other than one of non-infringement) in respect of one or more Patents but excluding US District Court declaratory judgment proceedings. For the avoidance of doubt, Validity Challenges shall not include any proceeding in which infringement of a Patent is asserted, or in which a declaration concerning any Product(s) in respect of one or more Patents, including whether a Product is Within the Scope of any claim of a Patent is sought. For the further avoidance of doubt, the consideration under this Agreement, including the ADR Exhibit of whether a Patent claim is Enforceable by one Party against a Product of the other Party is not a Validity Challenge.
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Examples of Validity Challenge in a sentence

  • All Sublicenses must be in writing and will be subject to, and contain terms consistent with, the terms in this Agreement, including, without limitation, the provisions contained in Articles 2.2 (License Conditions), 3 (Sublicenses), 4.4 (Validity Challenge), 7 (Books and Records), 9 (Use of Names and Trademarks), 10 (Limited Warranty and Liability), 12 (Patent Marking), 13 (Patent Infringement), 14 (Indemnification), 18 (Compliance with Laws), etc.

  • The Parties acknowledge that there will be difficulties in proving the amount and extent of PRESIDIO’s losses resulting from such uncured material breach or Validity Challenge.

  • All Sublicenses must be in writing and will be subject to, and contain terms consistent with, the terms in this Agreement, including, without limitation, the provisions contained in Articles 2.2 (License Conditions), 3 (Sublicenses), 4.4 (Validity Challenge), 7 (Books and Records), 9 (Use of Names and Trademarks), 10 (Limited Warranty and Liability), 12 (Patent Marking), 13 (Patent Infringement), 14 (Indemnification), 18 (Compliance with Laws), and 19 (Confidentiality).

  • If ANIKA fails to commence such a defense with respect to a Validity Challenge Claim in any country listed in Exhibit D within ninety (90) days after a written request by GALDERMA to do so (or, after commencing such a defense, fails to diligently defend the same), GALDERMA shall have the right, but not the obligation, to defend and control any such action by counsel of its own choice and at its own expense.

  • All Sublicenses must be in writing and will be subject to, and contain terms consistent with, the terms in this Agreement, including, without limitation, the provisions contained in Articles 2.3 (License Conditions), 3 (Sublicenses), 4.4 (Validity Challenge), 7 (Books and Records), 9 (Use of Names and Trademarks), 10 (Limited Warranty and Liability), 11 (Patent Marking), 12 (Patent Infringement), 14 (Indemnification), 18 (Compliance with Laws), etc.

  • 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 response to a Validity Challenge Claim, the Parties and their respective counsel shall cooperate in good faith and shall use commercially reasonable efforts to prepare and co-ordinate their defenses and responses to such Validity Challenge Claim so as to maximize the ability of both Parties to avail themselves of the rights and benefits each has with respect to the ANIKA Patents.

  • 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.