Declaratory Judgment Actions definition

Declaratory Judgment Actions. In the event a third party brings an action to obtain a declaration of patent invalidity of a Licensed Patent (a "DJ Action") against RPI or USB, RPI shall have the first right to defend said action (including the right to intervene, if necessary) at its own cost and expense and to control the ensuing litigation. If RPI elects not to defend the DJ Action, USB may elect to defend that action at its own cost and expense.
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Declaratory Judgment Actions. In the event a third party brings an action to obtain a declaration of patent invalidity of a Licensed Patent (a "DJ Action") against CU, URC or USB (or its sublicensee RPI), the named defendant(s) shall have the first right to defend said action at its own cost and expense and to control ensuing litigation. If the named defendant elects not to defend the DJ Action, the other parties may elect to defend that action at its own cost and expense and to control the ensuing litigation. In the event that USB (or its sublicensee RPI) and either or both of CU and/or URC are named as parties to the DJ Action and either CU and/or URC elect to defend the action, RPI shall be responsible for the expenses incurred by CU and URC in connection therewith, provided that such expenses are approved in advance by RPI and are reasonable in amount. If CU, URC and or USB (or its sublicensee RPI) finally loses the DJ Action and one or more claims in a Licensed Patent are held to be invalid, this Agreement and the license granted to USB hereunder shall continue to the extent that the manufacture, use or sale of Licensed Products or Licensed Services are covered by any remaining valid claim(s) in any other Licensed Patent.
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Examples of Declaratory Judgment Actions in a sentence

  • Lee, Call It a Comeback: A Sweeping Change in the Law on Declaratory Judgment Actions Against Patent Owners, 64 N.Y.U. ANN.

  • Law reviews: For article, "Declaratory Judgment Actions to Resolve Insurance Coverage Questions", see 18 Colo.

  • Coal & Oil Co., 312 U.S. 270, 273 (1941)) (internal quotation marks omitted); see also Nick Walrath, Expanding Standing in Patent Declaratory Judgment Actions to Better Air Public Policy Considerations, 88 N.Y.U. L.

  • For purposes of this Agreement, the Third Round Prospective Need shall be deemed to include the Gap Period Present Need, which is a measure of households formed from 1999-2015 that need affordable housing, that was recognized by the Supreme Court in In re Declaratory Judgment Actions Filed By Various Municipalities, 227 N.J. 508 (2017).

  • The Availability of Declaratory Judgment Actions to Patent Licensees After MedImmune, Inc.

  • Demand a drug, alcohol, performance enhancing substance, tobacco free environment and prohibit the use of these substances at all Fairport Little League events.

  • California and New York Declaratory Judgment Actions In March 2003, Utica learned that Goulds had filed a lawsuit in California seeking, among other things, declaratory judgment against a number of its insurers, including Utica.

  • The logic governing Walker Process claims, however, suggests that we should treat claims brought ancillary to Declaratory Judgment Actions precisely as we treat counterclaims, see Walker Process, 382 U.S. at 176-77, though this atypical posture does raise an additional question.

  • On January 17, 2017 The New Jersey Supreme Court found In Re Declaratory Judgment Actions Filed By Various Municipalities, County Of Ocean, Pursuant To The Supreme Court’s Decision In In Re Adoption of N.J.A.C. 5:96, 221 N.J. 1(2015).

  • Declaratory Judgment Actions nor ours in GEI stands as precedent that would justify denial of plaintiffs' right to a jury trialon their common law claims in this matter.

Related to Declaratory Judgment Actions

  • Alternate Judgment means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and Xxxxxxx prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.

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

  • Final Approval Order and Judgment means the order in which the Court certifies the Settlement Class, grants final approval of this Settlement Agreement, authorizes the entry of a final judgment, and dismisses the Action with prejudice.

  • Alternative Judgment means a form of final judgment that may be entered by the Court but in a form other than the form of Judgment provided for in this Stipulation and where none of the Parties hereto elects to terminate this Settlement by reason of such variance.

  • Final Judgment means the Judgment Entered by the Court upon Granting Final Approval of the Settlement.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.

  • Enforcement Action means any action of any kind to:

  • 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.

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • 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.

  • Regulatory Action means an administrative, regulatory, or judicial enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, injunction or consent decree, issued by the FDA or a federal or state court.

  • Appellate court means the Supreme Court, Court of Appeals, or both, as appropriate.