Assertion Entity definition

Assertion Entity means (a) an Entity that has a primary purpose or primary activity of Patent Assertion or (b) an Entity and each one of its Affiliates if such Entity and all its Affiliates collectively derived from Patent Assertion more than half of their total gross revenue measured over the full twelve (12) months preceding a particular date (other than as a result, during such twelve (12) month period, of a final damages award or settlement obtained in such period from patent infringement proceedings brought by such Entity or its Affiliates against one or more other Entities based on such other Entities’ sale or distribution of one or more infringing products or services that compete against one or more products or services of such Entity or its Affiliates, provided that such Entity and all its Affiliates collectively did not derive (or were not awarded or did not otherwise obtain the right to derive pursuant to a settlement) from Patent Assertion an amount equaling more than half of their total gross revenue measured over the full twenty-four (24) months preceding a particular date). For purposes of clause (a), an Entity that has, as of a particular date, a goal or plan approved by senior management or a senior executive (or under which the Entity has begun to receive revenue) to derive from Patent Assertion, either directly, or indirectly through one or more of its Affiliates, more than half its gross revenue in any twelve (12) month period including or after that particular date shall be deemed to have a primary purpose or primary activity of Patent Assertion as of that date.
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Assertion Entity means each of Penn, Novartis, their respective Affiliates, any sublicensee of Novartis or its Affiliates under this Agreement (permitted in accordance with Section 2.02) and/or any entity that Penn or Novartis, their respective Affiliates, or such sublicensees of Novartis or its Affiliates under this Agreement has authorized to commence or conduct any legal proceeding against Juno, any sublicensee of Juno or St. Jude, or assists in the conduct of any such legal proceeding.
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Assertion Entity means an Entity and each one of its Affiliates if such Entity and all its Affiliates collectively derived from Patent Assertion more than half of their total consolidated gross revenue measured over the full twelve (12) months preceding a particular date (other than as a result, during such twelve (12) month period, of a damages award or settlement obtained in such period from patent infringement proceedings brought by such Entity or its Affiliates against one or more other Entities based on such other Entities’ sale or distribution of one or more infringing products or services that compete against one or more bona fide commercial products or services of such Entity or its Affiliates, provided that such Entity and all its Affiliates collectively did not derive (or were not awarded or did not otherwise obtain the right to derive pursuant to a settlement) from Patent Assertion an amount equaling more than half of their total consolidated gross revenue measured over the full twenty-four
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Examples of Assertion Entity in a sentence

  • Public Workshops: Patent Assertion Entity Activities, U.S. DEP’T OF JUSTICE & FED.

  • Press Release, Federal Trade Commission, FTC Settlement Bars Patent Assertion Entity From Using Deceptive Tactics (Nov.

  • Such reimbursements shall be paid by the Assertion Entity within [***] after each invoice for such costs and expenses is submitted to the Assertion Entity by Juno or Juno’s counsel.

  • Trade Comm’n, Patent Assertion Entity Activity: An FTC Study 8–9 (2016), https://www.ftc.gov/system/files/ documents/reports/patent-assertion-entity-activity-ftc-study/p131 203_patent_assertion_entity_activity_an_ftc_study_0.pdf.

  • No Assertion Entity shall First Assert any challenge to the validity or enforceability of any Licensed Patent(s) in any court, administrative agency or any other forum (“Challenge”).

  • The FTC released a study on Patent Assertion Entity Activity on October 6, 2016.20 The 2016 FTC Report identified two distinct PAE business models, Portfolio PAEs and Litigation PAEs.21 The 2016 FTC Report found that Litigation PAEs typically sued potential licensees and settled shortly afterward by entering into license agreements with defendants covering small portfolios, often containing fewer than ten patents.

  • If such Non- Assertion Entity is not a LOT User, it shall be an intended third party beneficiary of this LOT Agreement to the extent necessary to effect the termination set forth in the preceding sentence and to reinstate the terminated licenses in its discretion in accordance with clause (ii) below.

  • Trade Comm’n, Patent Assertion Entity Activity: An FTC Study (Oct.

  • In addition, any payments required hereunder must be timely made in full when due, in cash and readily available funds; and once paid, no such amounts will be subject to replevin, refund or recovery by the Assertion Entity, its Affiliates or Permitted Sublicensees, irrespective of whether such challenge was successful.

  • If any Assertion Entity commences any Challenge while this Agreement remains in force, Juno, in its sole discretion, may terminate this Agreement.


More Definitions of Assertion Entity

Assertion Entity means (a) an Entity that either (i) has a primary purpose or primary activity of Patent Assertion or (ii) measured over the full twelve (12) months preceding a particular date derived or sought to derive, either directly or indirectly through one or more of its Affiliates, more than half of its gross revenue from Patent Assertion or (b) an Entity and each one of its Affiliates if such Entity and all its Affiliates collectively derived more than half of their total gross revenue from Patent Assertion measured over the full twelve (12) months preceding a particular date. For purposes of clause (a), an Entity that has as of a particular date a goal or plan to derive, either directly or indirectly through one or more of its Affiliates, more than half its annual gross revenue from Patent Assertion shall be deemed to have a primary purpose or primary activity of Patent Assertion as of that date.
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Assertion Entity means an Entity that, taken collectively with its Affiliates, earned, in the twelve-month period preceding the purported Trigger Event, a majority of its revenue from asserting or enforcing Patents.
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Related to Assertion Entity

  • Seller Group Member means (a) Seller and its Affiliates, (b) directors, officers and employees of Seller and its Affiliates and (c) the successors and assigns of the foregoing.

  • Group Member means a member of the Partnership Group.

  • Company Entity means the Company or one of its Subsidiaries.

  • IDI Subsidiary means any Issuer Subsidiary that is an insured depository institution.

  • Allegation means any written or oral statement or other indication of possible scholarly misconduct made to an institutional official.

  • Transaction Party means the Company and each Guarantor, collectively, “Transaction Parties”.

  • Obligated Entity means a person or entity that sells electrical energy to end-use

  • Assumed Tax Liability means, with respect to any Member, an amount equal to the excess of (i) the product of (A) the Distribution Tax Rate multiplied by (B) the estimated or actual cumulative taxable income or gain of the Company, as determined for federal income tax purposes, allocated to such Member (or its predecessor) for full or partial Fiscal Years commencing on or after January 1, 2021, less prior losses of the Company allocated to such Member (or its predecessor) for full or partial Fiscal Years commencing on or after January 1, 2021, in each case, as determined by the Manager and to the extent such prior losses are available to reduce such income over (ii) the cumulative Tax Distributions made to such Member after the closing date of the IPO pursuant to Sections 4.01(b)(i), 4.01(b)(ii) and 4.01(b)(iii) and, if applicable with respect to such Fiscal Year, pursuant to Section 4.1(a) of the Previous LLC Agreement; provided that, in the case of the Corporation, such Assumed Tax Liability (x) shall be computed without regard to any increases to the tax basis of the Company’s property pursuant to Sections 734(b) or 743(b) of the Code and (y) to the extent permitted under the Credit Agreements and applicable Law, shall in no event be less than an amount that will enable the Corporation to meet both its tax obligations and its obligations pursuant to the Tax Receivable Agreement for the relevant Taxable Year; provided further that, in the case of each Member, and for the avoidance of doubt, such Assumed Tax Liability shall take into account any Code Section 704(c) allocations (including “reverse” 704(c) allocations) to the Member.

  • Borrower Party Affiliate means, with respect to the Mortgage Loan Borrower, a manager of the Mortgaged Property or an Accelerated Mezzanine Loan Lender, (a) any other Person controlling or controlled by or under common control with such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable, or (b) any other Person owning, directly or indirectly, 25% or more of the beneficial interests in such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

  • Affected entity means a county, municipality, local district, special service

  • Buyer Group Member means Buyer and its Affiliates and their respective successors and assigns.

  • Buyer Party means Buyer or any Affiliate of Buyer that is a party to any Transaction Agreement.

  • Responsible Entity means Pendal Fund Services Limited ABN 13 161 249 332, AFSL 431426;

  • Company Group Member means each member of the Company Group.

  • Seller Party means Seller, any Affiliates of Seller, any direct or indirect subcontractors of Seller or its Affiliates and any of such subcontractors' Affiliates.

  • Obligated Party has the meaning assigned to such term in Section 10.02.

  • Acquired Company means any business, corporation or other entity acquired by the Company or any Subsidiary.

  • Company Subsidiary means any Subsidiary of the Company.

  • Group Entity means any of the Company and Subsidiaries of the Company.

  • Subsidiary Entity means a person that is controlled directly or indirectly by another person and includes a subsidiary of that subsidiary;

  • Parent Subsidiary means any Subsidiary of Parent.

  • Group Company means any one of them;

  • Seller Related Party means Seller and its officers, directors, employees, controlling persons, agents and representatives and their respective successors and assigns.

  • Responsible Party means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information, as defined in POPI.

  • Excluded Entity means a corporation or other entity of which the holders of voting capital stock of the Company outstanding immediately prior to such transaction are the direct or indirect holders of voting securities representing at least a majority of the votes entitled to be cast by all of such corporation’s or other entity’s voting securities outstanding immediately after such transaction.

  • Roll-Up Entity means a partnership, real estate investment trust, corporation, trust or similar entity that would be created or would survive after the successful completion of a proposed Roll-Up Transaction.