Common use of Interpretation of Patent Judgments Clause in Contracts

Interpretation of Patent Judgments. If any claim relating to a patent under the ALNYLAM Patent Rights-CRT becomes the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any country, which judgment, decree, or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, not only as to such claim but also as to all other claims in such country to which such construction reasonably applies. If at any time there are two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall control.

Interpretation of Patent Judgments. If any claim relating to a patent under the ALNYLAM Xxxxx Patent Rights-CRT Rights becomes in any country the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any countryjurisdiction, which judgment, decree, or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product licensed hereunder, not only as to such claim but also as to all other claims in such country the Territory to which such construction reasonably applies. If at any time there are in any country two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter controlcontrol in such country, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall control.

Interpretation of Patent Judgments. If any claim relating to a patent under the ALNYLAM Quark Patent Rights-CRT Rights becomes the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any country, which judgment, decree, or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, not only as to such claim but also as to all other claims in such country to which such construction reasonably applies. If at any time there are two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall control.

Interpretation of Patent Judgments. If any claim relating to a patent under within the ALNYLAM Lpath Patent Rights-CRT Rights becomes the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any country, which judgment, decree, or decision is or becomes final (there being no further right of appeal or review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, not only as to such claim but also as to all other claims in such country to which such construction reasonably applies, in determining whether there are any Valid Claims in such country. If at any time there are two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall controlcontrol for so long as a majority of such tribunals of equal rank adopt or follow such less favorable judgment, decree or decision.

Interpretation of Patent Judgments. If any claim relating to a patent under the ALNYLAM Celldex Patent Rights-CRT Rights or Joint Patent Rights becomes the subject of a judgment, decree or decision of a court, tribunal, tribunal or other authority of competent jurisdiction in any country, which judgment, decree, decree or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, scope or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, not only as to such claim but also as to all other claims in such country to which such construction reasonably applies, in determining whether there are any Valid Claims of any Celldex Patent Rights or Joint Patent Rights in such country. If at any time there are two or more conflicting final judgments, decrees, decrees or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, decree or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, decree or decision, in which event the latter shall control.

Interpretation of Patent Judgments. If any claim relating to a patent Patent under the ALNYLAM Protalix Patent Rights-CRT Rights becomes the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any countryCountry, which judgment, decree, or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, Country not only as to such claim but also as to all other claims in such country Country to which such construction reasonably applies, in determining whether there are any Valid Claims in such Country. If at any time there are two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall control. [***] Redacted pursuant to confidential treatment request.

Interpretation of Patent Judgments. If any claim relating to a patent Patent under the ALNYLAM Protalix Patent Rights-CRT Rights becomes the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any countrythe Territory, which judgment, decree, or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, the Territory not only as to such claim but also as to all other claims in such country the Territory to which such construction reasonably applies, in determining whether there are any Valid Claims in the Territory. If at any time there are two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall control.

Interpretation of Patent Judgments. If any claim relating to a patent under the ALNYLAM Protalix Patent Rights-CRT Rights becomes the subject of a judgment, decree or decision of a court, tribunal, or other authority of competent jurisdiction in any countryCountry, which judgment, decree, or decision is or becomes final (there being no further right of review) and adjudicates the validity, enforceability, scope, or infringement of the same, the construction of such claim in such judgment, decree or decision shall be followed thereafter in such country in determining whether a product is a Licensed Product hereunder, Country not only as to such claim but also as to all other claims in such country Country to which such construction reasonably applies, in determining whether there are any Valid Claims in such Country. If at any time there are two or more conflicting final judgments, decrees, or decisions with respect to the same claim, the decision of the higher tribunal shall thereafter control, but if the tribunal be of equal rank, then the final judgment, decree, or decision more favorable to such claim shall control unless and until the majority of such tribunals of equal rank adopt or follow a less favorable final judgment, decree, or decision, in which event the latter shall control.