Patent Litigation means the matters entitled SK hynix Inc. et xx x. Xxxxxx Inc., No. CV 00-20905 (X.X.Xxx. Filed Aug. 29, 2000) and Rambus Inc. v. SK hynix Inc., et al., No. C-05-00334 (N.D. Cal. Filed Jan. 25, 2005).
Patent Litigation has the meaning set forth in Section 6.9.
Patent Litigation. Patent Litigation means (a) a claim or demand by Aventis that alleges patent infringement against any Momenta Indemnified Party or any Sandoz Indemnified Party based on (i) the activities of the Sandoz Parties or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) pursuant to this Agreement related to the Product (including the manufacture of the Product), or (ii) the activities of the Sandoz Parties or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) [**] related to the Product (including the manufacture of the Product), or (b) a declaratory judgment or other legal or equitable proceeding approved by the JSC (or if the JSC cannot reach agreement, through the provisions of Article 13) and commenced or joined by Momenta, Sandoz or one of their Affiliates that seeks a judgment against Aventis that Sandoz, Momenta, their Affiliates and/or Momenta's licensees have not infringed, or will not infringe, any patent related to the Product (including the manufacture of the Product), in each case, irrespective of the nature EXECUTION COPY of the relief sought (which may include, without limitation, actual, consequential or enhanced damages) and irrespective of the jurisdiction in which such claim, demand or action is brought.
Examples of Patent Litigation in a sentence
During a period of one year from the entry into force of the Agreement on a Unified Patent Court, the CEIPI Diploma on Patent litigation in Europe will be deemed as appropriate qualification for a European Patent Attorneys to represent parties before the UPC as established pursuant the Rules on Patent Litigation Certificate and Other Appropriate Qualifications pursuant to article 48(2) of the Agreement on a Unified Patent Court.
Each Party shall be solely responsible for its own costs, expenses, and attorney’s fees, taxable or otherwise, incurred in or arising out of or in any way related to the matters released herein, the Patent Litigation and this Agreement.
During 1997, we recorded additional expenses related to the Patent Litigation of $4.2 million.
With respect to biologics, of the 12 countries in the TPPA, the only countries besides the U.S. that offer more than five years of data exclusivity for 16 Xxxxx Xxxxxx, “Expert Q&A on Biosimilar Patent Litigation Under the BPCIA,” Legal Solutions Blog, December 4, 2014, xxxx://xxxx.xxxxxxxxxxxxxx.xxxxxxxxxxxxxx.xxx/corporate-counsel/expert-qa-biosimilar- patent-litigation-bpcia/.
Except for a draft reexamination request prepared by the law firm of XXXXXX XXXXX CODE XXXXXX & XXXXXX, LLP, Licensee represents that Licensee has not provided a patent reexamination request relating to any of the Asentinel patents to any other party, including, but not limited to any of the defendants in the Patent Litigation.
More Definitions of Patent Litigation
Patent Litigation. Patent Litigation means, with respect to a Product, (a) a claim or demand by the relevant Innovator or other Third Party that alleges patent infringement against any Momenta Indemnified Party or any Sandoz Indemnified Party based on (i) the activities of Sandoz or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) pursuant to this Agreement related to such Product (including the manufacture of such Product), or (ii) the activities of Sandoz or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) prior to the Effective Date related to such Product (including the manufacture of such Product), or (b) a declaratory judgment or other legal or equitable proceeding approved by the JSC (or if the JSC cannot reach agreement, through the provisions of Article 13) and commenced or joined by Momenta, Sandoz or one of their Affiliates that seeks a judgment against the relevant Innovator or other Third Party that (i) Sandoz, Momenta, their Affiliates and/or their permitted licensees hereunder have not infringed, or will not infringe, any patent related to such Product (including the manufacture of such Product) and/or (ii) that the relevant Patent Rights of such Innovator or other Third Party are invalid or unenforceable; in each case, irrespective of the nature of the relief sought (which may include, without limitation, actual, consequential or enhanced damages) and irrespective of the jurisdiction in which such claim, demand or action is brought.
Patent Litigation means the matters entitled Micron Technology, Inc. x. Xxxxxx Inc., No. 00-792 (D. Del. Filed Aug. 28, 2000) and Rambus Inc. v. Micron Technology, Inc., et al., No. C-06-00244 (N.D. Cal. Filed Jan. 13, 2006), and any appeals therefrom and related proceedings, including specifically the appeal in Micron Technology, Inc. x. Xxxxxx, Inc., Federal Circuit No. 13-1294 (“Delaware Appeal”).
Patent Litigation. Right to Bring Suit.............................................................. 23
Patent Litigation means the patent infringement case under Case No. 01-077-SLR in the United States District Court for the District of Delaware initially captioned as ABB Automation Inc. v. Schlumberger Resource Management Services, Inc., and the pending appeal in the United States Court of Appeals for the Federal Circuit (Case No. 04-1052-1066) from that case (together, the “Patent Infringement Case”), including any counterclaims, attorneys’ fees, court costs, expenses of investigation and Damages relating to the Patent Infringement Case, the patent assertions of any patent at issue in the Patent Infringement Case (including, without limitation, Elster’s assertions with respect to the ‘621 Patent) against any of the Seller Group, the Company or their Affiliates and the products related to the Business referenced therein, and any other litigation by Elster against Sellers, the Company or their successors or Affiliates involving both such patents and the products of the Business or any Related Patent. For purposes of this definition, “Related Patent” shall mean a continuation, continuation in part, divisional, reissue or international counterpart of the patents at issue in the Patent Infringement Case. “Damages” relating to the Patent Infringement Case shall include, but not be limited to, any Damages incurred by Purchasers, the Company, or their Affiliates as a result of (i) any Damages arising out of the settlement of Case No. 01-77-SLR before the United States District Court for the District of Delaware, as they relate to the Purchasers, the Company or their Affiliates, whether such Damages arise out of license fees, license conditions, grants of license rights to another party, or any other condition arising out of such settlement as it relates to Purchasers, the Company, or their Affiliates, (ii) the failure of Seller Group to provide a fully paid up, royalty free perpetual and irrevocable licenses to any of the patents that are the subject of the Patent Infringement Case (except for the ‘621 Patent) that will allow the Company to operate the Business in substantially the manner historically operated, or (iii) any Damages incurred by
Patent Litigation. The term “Patent Litigation” means the matters entitled SK hynix Inc. et xx x. Xxxxxx Inc., No. CV 00-20905 (X.X.Xxx. Filed Aug. 29, 2000) and [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Rambus Inc. v. SK hynix Inc., et al., No. C-05-00334 (N.D. Cal. Filed Jan. 25, 2005).
Patent Litigation means the patent infringement case under Case No. 01-077-SLR in the United States District Court for the District of Delaware initially captioned as ABB Automation Inc. v. Schlumberger Resource Management Services, Inc., and the pending appeal in the United States Court of Appeals for the Federal Circuit (Case No. 04-1052-1066) from that case (together, the “Patent Infringement Case”), including any counterclaims, attorneys’ fees, court costs,
Patent Litigation means, collectively, (i) the action filed by Seller in the United States District Court for the Southern District of California currently captioned as, Overland Storage, Inc. v. BDT AG (German) et al., Docket No. 3:10-cv-01700-JLS-BLM, (ii) the action filed by Seller with the ITC on October 19, 2010, Docket No. 2762, Type: 337 Complaint, Commodity: Automated Media Library Devises Investigation No. 337-TA-746, and (iii) any amendments, refilings, substitute actions or other successor proceedings to the foregoing.