Necessary Claims means claims of any patent or patent application, other than design patents and design registrations, in any jurisdiction in the world: (a) for which a GAIN POC Member has the right, at any time when this Policy is effective, to grant licenses or rights of the nature granted herein without such grant resulting in payment of royalties or other consideration to third parties (except for payments to Related Entities or employees); and (b) that are necessarily infringed by Compliant Portions of a particular Implementation. A claim is necessarily infringed hereunder only when such infringement could not have been avoided by another commercially reasonable non- infringing implementation of Compliant Portion(s) of that particular Implementation based on the state of the art when the applicable Final Specification is/was deemed final (or when the Implementers Draft was approved, as applicable), in accordance with the applicable OpenID Process. “Necessary Claims” do not, however, include any claims of any patent or patent application that read on: (x) any enabling technologies that may be necessary to make or use any product or service (or portion of either) that complies with an Implementers Draft or Final Specification, but that are not themselves expressly set forth in such Implementers Draft or Final Specification; (y) the implementation of other published standards not developed by or for the OpenID Foundation; or (z) any portion(s) of any product or service (or any combination of such portion(s)) the sole purpose or function of which is not required to comply with an Implementers Draft or Final Specification.;
Necessary Claims means those claims of all patents and patent applications, other than design patents and design registrations, throughout the world which a Participant has the right, now or at any future time, to grant licenses of the nature agreed to be granted herein without such grant resulting in payment of royalties or other consideration to third parties (except for payments to employees), which claims are necessarily infringed by compliance with the express terms of a Final Specification or Reference Implementation adopted and approved for release by the Alliance and which are within the bounds of the Scope, where such infringement could not have been avoided by another commercially reasonable non-infringing implementation of such Final Specification or Reference Implementation. Necessary Claims do not include any claims other than those set forth above even if contained in the same patent as Necessary Claims.
Necessary Claims means claims of a patent or patent application relating to the Interface that must be infringed in order to make a product that complies with the Interface, which are owned or controlled by DTLA, any Founder, Adopter or any Fellow Adopter, any Content Participant or any of their respective Affiliates. “Necessary Claims” do not include any claims relating to semiconductor manufacturing technology; claims relating to aspects of any technology, standard or product that is not itself part of the Specification (including, by way of example, CSS, MPEG, IEEE 1394 and analog copy protection systems) even though such technology, standard or product may otherwise be mentioned or required by the Specification or Compliance Rules; claims with regard to which it would be possible to build a product in compliance with the Interface without infringing such claim (even if in the same patent as Necessary Claims); or claims which, if licensed, would require a payment of royalties by the licensor to unaffiliated third parties.
Examples of Necessary Claims in a sentence
In the case of Necessary Claims under non-public patent applications, the disclosure of such claims need not be in such detail as would disclose any trade secrets.
Reasonable and non-discriminatory terms and conditions as used in this Section shall include, but are not limited to, any per patent royalty for Necessary Claims that is established in the marketplace.
Either of us may (but neither of us is obligated or may require the other to) make a promise that is more favorable than that above (including without limitation by applying more broadly to any relevant claims, rather than just to Necessary Claims).
If at any time prior to the time that the draft Program is declared to be at final approval (as defined in the Rules of Procedure) a Participant shall become aware that either it, or one of its Related Parties, Owns a Necessary Claim or Claims that it is unwilling to License under RAND, (which shall not include any Necessary Claim or Claims under its own Contribution(s)), it shall identify such Necessary Claim(s), and the portion(s) of the Draft Software that would result in such infringement.
Licensee further acknowledges that it may be required to enter into agreements with parties holding intellectual property rights related to such materials, and that such agreements may include obligations in addition to those contained herein, including, without limitation, a duty to pay royalties to such parties, full compliance with the Specifications, and/or a reciprocal grant of Necessary Claims.
More Definitions of Necessary Claims
Necessary Claims shall not include any claims: (1) that read solely on any implementations of any portion of the Specification that are not within the bounds of the scope of use set forth in Section 2.4; (2) which, if licensed, would require a payment by the licensor to third parties that are not Affiliates of the licensor; (3) that relate to semiconductors and semiconductor manufacturing technology; or (4) that relate to aspects of any technology, standard or product that is an Optional part of the Specification or is not itself disclosed with particularity in the Specification (even though such technology, standard or product may otherwise be mentioned or required by the Specification), including claims: (i) that relate to aspects of any technology, codec, standard or product, including compression, encoding or decoding ability, tamper resistance, or other copy protection technologies; (ii) that relate to any technology that may be necessary to develop, design, manufacture, sell or use any product or portion thereof that complies with the Specification (examples of such technologies include, without limitation, optical disk technology -- including materials and materials-based methods that enable high data storage densities and/or distinguish genuine optical disks from counterfeit optical disks, relying, at least in part, on a determination of the material composition of such optical media); (iii) that relate to commercially available applications, application programming interfaces and user interfaces, including the technology used to generate, display such user interfaces or interact with a user through such interfaces, programming languages, compiler technology, object-oriented technology, basic operating system technology, middleware technology, database technology, networking, intranet, extranet, web services and Internet technology; (iv) that relate to content formats; and (v) that relate to watermarking and data embedding technology.
Necessary Claims means claims of patents that are necessarily infringed by any portion of any product, including software or firmware or a component thereof, or any service that in each case is made or rendered pursuant to and compliant with the Agreement. As used in this definition, the term “necessarily infringed” means that (a) such claim reads on the Specifications, Production Credentials and Test Technology and
Necessary Claims means all present, pending and hereafter acquired patent claims that would be necessarily infringed by implementing the Standard/Specification. A claim is necessarily infringed only when it is not possible to avoid such infringement because there is no non-infringing alternative for implementing the Standard/Specification.
Necessary Claims shall not include any claims: (1) that read solely on any implementations of any portion of the Specification that are not within the bounds of the scope of use set forth in Section 2.4; (2) which, if licensed, would require a payment by the licensor to third parties that are not Affiliates of the licensor; (3) that relate to semiconductors and semiconductor manufacturing technology; or (4) that relate to aspects of any technology, standard or product that is not itself disclosed with particularity in the Specification (even though such technology, standard or product may otherwise be mentioned or required by the Specification), including claims: (i) that relate to aspects of any technology, codec, standard or product, including compression, encoding or decoding ability, tamper resistance, or other copy protection technologies; (ii) that relate to any technology that may be necessary to develop, design, manufacture, sell or use any product or portion thereof that complies with the Specification (examples of such technologies include, without limitation, Removable Storage Media technology -- including materials and materials-based methods that enable high data storage densities and/or distinguish genuine Removable Storage Media from counterfeit Removable Storage Media, relying, at least in part, on a determination of the material composition of such Removable Storage Media); (iii) that relate to commercially available applications, application programming interfaces and user interfaces, including the technology used to generate or display such user interfaces or interact with a user through such interfaces, programming languages, compiler technology, object-oriented technology, basic operating system technology, middleware technology, database technology, networking, intranet, extranet, web services and Internet technology; (iv) that relate to content formats; and (v) that relate to watermarking and data embedding technology.
Necessary Claims means claims of patents that are necessarily infringed by any portion of any product, including software or firmware or a component thereof, or of any service, that in each case (a) implements one or more Mandatory Portions of the Ecosystem Specifications and (b) is made or rendered (i) by or on behalf of a Member or any of its Controlled Affiliates performing Authorized Evaluation Activities, (ii) by or on behalf of DECE performing Authorized DECE Activities, or (iii) by or on behalf of an UltraViolet Licensee or any of its Controlled Affiliates pursuant to an UltraViolet License Agreement. As used in this definition, the term “necessarily infringed” means that (y) such claim reads on one or more Mandatory Portions of the Ecosystem Specifications, other than technologies, standards, specifications or products that, in each case, are referenced by such Mandatory Portions of the Ecosystem Specifications but that are not themselves disclosed with particularity in the Ecosystem Specifications (even though required by the Ecosystem Specifications) and (z) there are no commercially reasonable alternatives for implementing such Mandatory Portions of the Ecosystem Specifications that do not infringe such claim. For purposes of clarification, “Necessary Claims” shall not include any claims (A) that are not necessary (i.e., for which there are commercially reasonable alternatives that do not infringe such claims) to make, use, sell, distribute, import or offer to sell any portions of any product, or to provide any portions of any service, in each case implementing the Ecosystem Specifications, as contemplated in clauses (b)(i)-(iii) above; (B) that relate solely to aspects of any technology, standard or product that is explicitly designated as an informative part of the Ecosystem Specifications; or (C) other than those described above even if contained in the same patent as the Necessary Claim. In any instance in which this Agreement requires a Person to license or covenant not to assert a Necessary Claim, or otherwise refers to a Person’s Necessary Claim, such requirement or reference shall be deemed to apply solely to Necessary Claims that such Person both (1) owns or controls and (2) has the right to license as contemplated by this Agreement.
Necessary Claims means claims of patents that are necessarily infringed by any portion of any product, including software or firmware or a component thereof, or any service that in each case is made or rendered pursuant to and compliant with Adopter Agreement. As used in this definition, the term “necessarily infringed” means that (a) such claim reads on the Specifications, Production Credentials and Test Technology and (b) there are no commercially reasonable alternatives for complying with such portion(s) of the Specifications, Production Credentials and Test Technology that do not infringe such claim. For purposes of clarification, “Necessary Claims” shall not include any claims: (1) that are not necessary (i.e., for which there are commercially reasonable alternatives that do not infringe such claims) to make, have made, sell, offer to sell, use (including, for avoidance for doubt, lease) and import Licensed Products or Licensed Component (as applicable to the activities Licensee is permitted to do under Adopter Agreement), in compliance with the Specifications, Production Credentials and Test Technology; (2) that, if licensed, would require a payment by the licensor to any third party that is not an Affiliate of such licensor; or (3) which relate to any technology which is not itself disclosed with particularity in the Specifications, Production Credentials and Test Technology (even though such technology, standard or product may otherwise be mentioned or required by the Specifications, Production Credentials and Test Technology).
Necessary Claims means claims of a patent or patent application that (a) are owned or controlled by a Member or its Affiliates (Licensor) now or at any future time while this Agreement remains in effect; and (b) are necessarily infringed by implementing those portions of a Final Specification within the bounds of the Scope, wherein a claim is necessarily infringed only when it is not possible to avoid infringing it because there is no technically reasonable non-infringing alternative for implementing such portions of the Final Specification within the bounds of the Scope. Notwithstanding the foregoing sentence, Necessary Claims do not include any claims (i) other than those set forth above even if contained in the same patent as Necessary Claims; (ii) that read solely on any implementations of any portion of the Final Specification that are not within the bounds of the Scope; or (iii) that, if licensed, would require a payment of royalties by the Licensor to unaffiliated third parties.