Essential Claim means a claim of a patent, whether or not issued as of the date of this Agreement, that is necessarily infringed by implementing the required portions of the TIP Specification or any aspect of the Profiles that is required for interoperability with a Cisco TelePresence product. A claim is necessarily infringed only when there is no technically or commercially reasonable way to avoid infringement of that claim when following the requirements of the Specification or Profiles to make a Compliant Implementation. Notwithstanding the foregoing, Essential Claim does not include any claim that, if licensed, would require a payment of royalties by the licensor to a person or entity that is not affiliated with the licensor.
Essential Claim means claims of all patents issued, and patent applications filed, under the laws of any country that are necessarily infringed by implementing the normative portion of a Specification Document. An Essential Claim is “necessarily infringed” only when there is no other technically reasonable noninfringing alternative for implementing a Specification Document.
Essential Claim means a claim of a patent, whenever and wherever issued, that Adobe has the right to license without payment of royalty or other fee that is unavoidably infringed by implementation of the DNG Specification. A claim is unavoidably infringed by the DNG Specification only
Examples of Essential Claim in a sentence
The same applies for the Associated Member’s pre-existing Intellectual Property Rights where the Associated Member provides a Submission, Essential Claim or a FRAND License under the IP Policy and the Bylaws.
Each Member agrees that neither it nor its Affiliates will transfer, and have not transferred, patents or patent applications having Essential Claims for the purpose of circumventing such OPEN Alliance Member’s obligations under this IPR policy.Any agreement to transfer an Essential Claim must provide that the obligations of the OPEN Alliance Member to grant Licenses pursuant to Section 5: Licensing of Intellectual Property Rights shall bind all successors-in-interest.
The Exclusion Notice shall include identification of the numbered section of the Final Guideline or Final Maintenance Guideline whose implementation makes the excluded claim an Essential Claim for each of the issued patent(s) or pending patent application(s) that a Participant reasonably believes at the time may contain Essential Claims the Participant wishes to exclude from the CAB Forum RF License.
This duty to disclose includes Essential Claims contained in published patent applications, but not in unpublished patent applications, but if an Essential Claim issues from an application, or is published, prior to SNIA’s final designation of SNIA Architecture or SNIA Software, then Adopting Party shall make reasonable and good faith efforts to disclose such Essential Claims after issuance or publication, provided that such Adopting Party has Actual Knowledge of such Essential Claims.
The licensing obligation hereunder shall apply separately to each Essential Claim held by any Adopting Party.
More Definitions of Essential Claim
Essential Claim means a claim of a patent, whenever and wherever issued, that Adobe has the right to license without payment of royalty or other fee that is unavoidably infringed by implementation of the DNG Specification. A claim is unavoidably infringed by the DNG Specification only when it is not possible to avoid infringing when conforming with such specification because there is no technically possible noninfringing alternative for achieving such conformity. Essential Claim does not include a claim that is infringed by implementation of (a) enabling technology that may be necessary to make or use any product or portion thereof that complies with the DNG Specification but is not itself expressly set forth in the DNG Specification (for example, compiler technology and basic operating system technology), (b) technology developed elsewhere and merely incorporated by reference in the DNG Specification, or (c) the implementation of file formats other than DNG.
Essential Claim means any claim in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by devices or methods due to comply with the Standard, including optional features. A claim is necessarily infringed when there is no technically feasible alternative implementation, taking into account normal technical practice and the state of the art generally available at the time the Contribution containing the Essential Claim was first adopted into the Standard. Copyright Assignment. Each Contributor hereby assigns any copyright interest in all its Contributions to the Foundation. Such assignment shall be for all rights under copyright, without reservation and including rights currently existing and later developed. Any moral rights shall be waived to the extent legally permissible. In case such copyright assignment is legally void, then the Contributor hereby grants an unlimited, perpetual, irrevocable and fully paid-up license under its copyrights Consortium Standards License. The EVRoaming Foundation Board of Management hereby undertakes to publish all versions of the Standard under a Creative Commons license, attribution Non- Derivatives.
Essential Claim means a claim of a patent, whenever and wherever issued, that is necessarily infringed in order to achieve compliance with the requirements of the XMP Specification. A claim is necessarily infringed only when there is no reasonable way to avoid infringement of that claim when defining, creating, storing or processing metadata.
Essential Claim means a claim of any patent or published patent application throughout the world that is issued now or in the future, that is necessarily infringed as a result of implementing any Issued OpenCable Specification. Essential Claims shall not include: (a) claims in design patents or design registrations; (b) claims related to technology or know-how that may be necessary to make or use a product or service, or portion thereof, that complies with an OpenCable Specification, but that is not set forth in an OpenCable Specification; (c) any enabling technologies that may be necessary to make or use any product or portion thereof that complies with the Issued Specification, but are not themselves expressly set forth in the Issued Specification (e.g., semiconductor manufacturing technology, compiler technology, object oriented technology, basic operating system technology, etc.); or (d) any claims other than as set forth above, even if contained in the same patent or published patent application as Essential Claims.
Essential Claim means in relation to an Approved Zhaga Specification all those and only those claims of any IPR the use of which is prescribed and thus would inevitably be infringed when realizing an interface compliant with that Approved Zhaga Specification. For the avoidance of doubt, claims related to implementations of other recognized standards, and included in an Approved Zhaga Specification by reference, shall not be Essential Claims.
Essential Claim means a claim of any patent or published patent application throughout the world that is issued now or in the future, that is owned or controlled by Motorola, and that is necessarily infringed as a result of implementing any of the mandatory Specifications. Essential Claims shall not include: (a) claims in design patents or design registrations; (b) claims related to technology or know-how that may be necessary to make or use a product, or portion thereof, that complies with an Specification, but that is not set forth in an Specification; (c) any enabling technologies that may be necessary to make or use any product or portion thereof that complies with the Specifications, but are not themselves expressly set forth in the Specifications (e.g., semiconductor manufacturing technology, compiler technology, object oriented technology, basic operating system technology, etc.); (d) claims relating to a standard or standards developed, administered, or offered, by an industry group consisting of two or more legal entities or promulgated by official standardization agencies or bodies; or (e) any claims other than as set forth above, even if contained in the same patent or published patent application as Essential Claims.
Essential Claim means those claims in any patents owned by the JVCo Group which, without the permission of the owner, would be infringed when implementing a microprocessor core which implements a present or future version of the ARM Architecture as defined in the respective Architecture Reference Manual from time to time because no commercially reasonable, non-infringing alternative way of implementing such microprocessor core is available, only to the extent that such claims are embodied or taken into use in any Architecture Compliant Core developed by any member of the JVCo Group;