Invalidity Claim definition

Invalidity Claim will have the meaning set forth in Section 9.4.

Invalidity Claim shall have the meaning set forth in Section 6.4(c).

Invalidity Claim. Invalidity Claim shall have the meaning set forth in Section 8.5 hereof.

Examples of Invalidity Claim in a sentence

• As between the Parties, Licensee shall have the first right, but not the obligation, to defend and control the defense of the Invalidity Claim at its sole cost and expense, using counsel of Licensee’s choice.

• The non-Controlling Party in such an Invalidity Claim shall, and shall cause its Affiliates to, cooperate fully, including being joined as a party plaintiff in such action, providing access to relevant documents and other evidence and making its employees available at reasonable business hours; provided that the Controlling Party shall reimburse the non-Controlling Party for its reasonable and verifiable out-of-pocket costs and expenses incurred in connection therewith.

• For purposes of this Section 5.5, the Party defending an Invalidity Claim pursuant to the foregoing sentence shall be the “Controlling Party.” With respect to any such Invalidity Claim in the Territory, the non-Controlling Party may participate in such Invalidity Claim with counsel of its choice at its sole cost and expense; provided that the Controlling Party shall retain control of the defense in such Invalidity Claim.

• If the Controlling Party or its designee elects not to defend or control the defense of the applicable AstraZeneca Patent in an Invalidity Claim, then the non-Controlling Party may conduct and control the defense of any such Invalidity Claim at its sole cost and expense.

• Neither Party shall settle or compromise any Invalidity Claim without the consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed.

More Definitions of Invalidity Claim

Invalidity Claim has the meaning set forth in Section 4.04.

Invalidity Claim has the meaning set forth in Section 5.5 (Invalidity or Unenforceability Defenses or Actions).

Invalidity Claim means any actual or threatened claim by a Person alleging invalidity or unenforceability or challenging entitlement to, or ownership of, any of the Licensed Rights, whether such claim is made in connection with the defense of an infringement or unauthorized use action or otherwise, including, in all cases, any post-grant opposition, re-issue, and re-examination, any contested case (including inter partes review, post-grant review, interference or derivation) or other similar proceedings before national or supranational intellectual property offices, including the U.S. Patent and Trademark Office, the European Patent Office and the World Intellectual Property Organisation;

Invalidity Claim shall have the meaning ascribed to such term in Section 8.4.1.

Invalidity Claim means any actual or threatened claim alleging invalidity or unenforceability or challenging entitlement to, or ownership of, any ARM Licensed IP or JVCo Licensed IP (as the case may be), whether such claim is made in connection with the defence of an infringement or unauthorised use action or otherwise;

Invalidity Claim means any claim, suit or proceeding by a Third Party alleging or asserting the invalidity or unenforceability of a Surmodics Product Patent, Surmodics Other Patent, or Joint Patent.

Invalidity Claim has the meaning set out in Section 10.5(f).