Valid Claim. The term “Valid Claim” shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent application.
Appears in 6 contracts
Samples: License Agreement (Receptos, Inc.), License Agreement (Receptos, Inc.), License Agreement (Receptos, Inc.)
Valid Claim. The term “"Valid Claim” " as used herein shall mean (i) ----------- a claim of any an issued and unexpired patent included within the Licensed Patent Rights which has not been held unenforceabledisclaimed or admitted to be invalid or unenforceable through reissue or otherwise, unpatentable or invalid by (ii) a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims claim of a pending patent application within the Licensed Patent Rights which have provided that not been pending for a period of more than *** five (5) years have elapsed from the earliest date the claim takes priority date of the patent applicationfor filing purposes.
Appears in 5 contracts
Samples: Assignment of Patent Rights and Technology (Therasense Inc), Assignment of Patent Rights and Technology (Therasense Inc), Assignment of Patent Rights and Technology (Therasense Inc)
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights which that has not been held unenforceable, unpatentable invalid or invalid unenforceable by a decision of a court or other appropriate governmental body of competent jurisdiction in a ruling that is unappealed or unappealableunappealable within the time allowed for appeal. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than [*** *] years from the earliest priority date of first examination on the merits of that patent application.
Appears in 3 contracts
Samples: License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.)
Valid Claim. The term “"Valid Claim” " shall mean a claim of any an issued and unexpired patent included within the Licensed Patent Rights Rights, which has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental body agency of competent jurisdiction in jurisdiction. In the event that such a ruling that holding of unenforceability, unpatentability or invalidity is unappealed reversed on appeal by a higher court or unappealable. The term “agency of competent jurisdiction, the subject claim shall be reinstated as a Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent applicationClaim hereunder.
Appears in 2 contracts
Samples: Exclusive License Agreement (Focal Inc), Exclusive License Agreement (Focal Inc)
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights that has not lapsed, expired, been canceled, or become abandoned, and has not been held invalid by a court or other appropriate body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and which has not been held unenforceable, unpatentable admitted to be invalid or invalid by a decision of a court unenforceable through reissue or governmental body of competent jurisdiction in a ruling that is unappealed disclaimer or unappealableotherwise. The term “Valid Claim” Claim shall also include the claims of a pending patent application within the Licensed Patent Rights which have not Rights, but only to the extent that such claim has been pending for a period of more than [*** from the earliest priority date of the patent application*].
Appears in 2 contracts
Samples: Research Funding and Option Agreement (aTYR PHARMA INC), Research Funding and Option Agreement (aTYR PHARMA INC)
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights which Right that has not been held unenforceablepermanently revoked, unpatentable unenforceable or invalid by a decision of a court or other governmental body agency of competent jurisdiction in a ruling that is jurisdiction, unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application unappealable within the Licensed Patent Rights which have time allowed for appeal, and that has not been pending for a period of more than *** from the earliest priority date of the patent applicationadmitted to be invalid or unenforceable through reissue, disclaimer or otherwise.
Appears in 2 contracts
Samples: License Agreement (Inovio Biomedical Corp), License Agreement (Inovio Biomedical Corp)
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights which has not lapsed, become abandoned or dedicated to the public or been held unenforceabledeclared or rendered invalid or unenforceable by reason of reissue, unpatentable reexamination, disclaimer or invalid final judgment by a decision of a court or governmental body of competent jurisdiction in a ruling that from which no appeal can be or is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent applicationtaken.
Appears in 2 contracts
Samples: Sub License Agreement (Dipexium Pharmaceuticals, LLC), License Agreement (Dipexium Pharmaceuticals, LLC)
Valid Claim. The term “Valid Claim” shall mean a an issued and unexpired claim of any issued and unexpired patent within the Licensed United States or foreign Patent Rights Right, which claims has not been donated to the public, cancelled, withdrawn, abandonded, disclaimed, or revoked, or held unenforceable, unpatentable invalid or invalid unenforceable by a decision of a court or governmental body government agency of competent jurisdiction in a ruling that is an unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent applicationunappealable decision.
Appears in 2 contracts
Samples: Non Exclusive License Agreement, Non Exclusive License Agreement (GenMark Diagnostics, Inc.)
Valid Claim. The term “Valid Claim” shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights , and which have has not been pending for a period of more than *** from the earliest priority date of the patent application.been
Appears in 2 contracts
Samples: License Agreement (Fate Therapeutics Inc), License Agreement (Fate Therapeutics Inc)
Valid Claim. The term “Valid Claim” shall mean ’’ means a claim of any a pending patent application or an issued and unexpired patent within the Licensed Patent Rights which that has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling jurisdiction, and that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have has not been pending for a period of more than *** from the earliest priority date of the patent applicationadmitted to be invalid or unenforceable through reissue, disclaimer or otherwise.
Appears in 2 contracts
Samples: Sublicense Agreement (Conatus Pharmaceuticals Inc), Sublicense Agreement (Conatus Pharmaceuticals Inc)
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent included within the Licensed Patent Rights Contributed Patents, which has not been held unenforceablepermanently revoked, unpatentable unenforceable or invalid by a decision of a court or other governmental body agency of competent jurisdiction in a ruling that is jurisdiction, unappealable or unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights time allowed for appeal, and which have has not been pending for a period of more than *** from the earliest priority date of the patent applicationadmitted to be invalid or unenforceable through reissue or disclaimer or otherwise.
Appears in 2 contracts
Samples: Asset Contribution Agreement (Geron Corp), Asset Contribution Agreement (Biotime Inc)
Valid Claim. The term “Valid Claim” shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent application.EXECUTION COPY
Appears in 2 contracts
Samples: License Agreement (Poniard Pharmaceuticals, Inc.), License Agreement (Poniard Pharmaceuticals, Inc.)
Valid Claim. The term “Valid Claim” shall mean a means an unexpired claim of any an issued and unexpired patent within of the Licensed Patent Rights which has not been held unenforceable, unpatentable unpatentable, or invalid by a decision of a court or other governmental body agency of competent jurisdiction in a ruling that is jurisdiction, unappealed within the time allowed for appeal or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent application.
Appears in 1 contract
Valid Claim. The term “Valid Claim” shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent application.of
Appears in 1 contract
Valid Claim. The term “Valid Claim” shall mean a claim of in any unexpired, issued and unexpired patent within the Licensed Patent Rights which has not been held unenforceable, unpatentable or invalid by and/or unenforceable in a decision of by a court or governmental other body of competent jurisdiction in a ruling that from which there is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights no appeal or, if appealable, from which have not no appeal has been pending for a period of more than *** from the earliest priority date of the patent applicationtaken.
Appears in 1 contract
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights which that has not been held unenforceable, unpatentable invalid or invalid unenforceable by a decision of a court or other appropriate governmental body of competent jurisdiction in a ruling that is unappealed or unappealableunappealable within the time allowed for appeal. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** seven (7) years from the earliest priority date of first examination on the merits of that patent application.
Appears in 1 contract
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights that has not lapsed, expired, been canceled, or become abandoned, and has not been held invalid by a court or other appropriate body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and which has not been held unenforceable, unpatentable admitted to be invalid or invalid by a decision of a court unenforceable through reissue or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent application.disclaimer or
Appears in 1 contract
Valid Claim. The term “"Valid Claim” " shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights which that has not been held unenforceable, unpatentable invalid or invalid unenforceable by a decision of a court or other appropriate governmental body of competent jurisdiction in a ruling that is unappealed or unappealableunappealable within the time allowed for appeal. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** seven (7) years from the earliest priority date of first examination on the merits of that patent application.
Appears in 1 contract
Samples: License Agreement (ChromaDex Corp.)
Valid Claim. The term “Valid Claim” shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than [*** *] years from the earliest priority date of the patent application[***].
Appears in 1 contract
Valid Claim. The term “"Valid Claim” " shall mean an unexpired ------------ claim in a claim of any issued and unexpired patent within the Licensed Patent Rights Right which has not been held unenforceable, unpatentable invalid or invalid unenforceable by a decision of a court court, unappealable or governmental body of competent jurisdiction in unappealed within the time allowed for appeal, and which has not been admitted to be invalid by the owner through reissue or disclaimer; provided, however, that no pending claim shall be deemed to constitute a ruling that is unappealed or unappealable. The term “"Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** " after six (6) years from the earliest priority date of the filing an application as long as a patent applicationhas not issued thereon.
Appears in 1 contract
Samples: License Agreement (Igi Inc)
Valid Claim. The term “Valid Claim” shall mean a claim of any an issued and unexpired patent within the Licensed Patent Rights Patents that has not lapsed, expired, been cancelled, or become abandoned, and has not been held invalid by a court or other appropriate body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been held unenforceable, unpatentable admitted to be invalid or invalid by a decision of a court unenforceable through reissue or governmental body of competent jurisdiction in a ruling that is unappealed disclaimer or unappealable. The term “Valid Claim” shall also include the claims of a pending patent application within the Licensed Patent Rights which have not been pending for a period of more than *** from the earliest priority date of the patent applicationotherwise.
Appears in 1 contract