Challenged Patent definition

Challenged Patent shall have the meaning set forth in Section 3.5.
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Challenged Patent has the meaning set forth in Section 4.6(a).
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Challenged Patent shall have the meaning set forth in Section 3.5. "Commencement Date" shall mean the earliest date on which the PatentBook Administrator has entered into sufficient PatentBook Publisher Agreements to show marketable value to Subscribers (Licensees) with a minimum of 2000 Published patents of the patents listed for this PatentBook on xxx.xxxxxxxxxxxxxx.xxx, entered into a PatentBook Subscriber Agreement, and received subscription payments pursuant to terms of the PatentBook Subscriber Agreement.
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Examples of Challenged Patent in a sentence

  • The PatentBook Administrator, Publisher or Subscriber may challenge the listing of any patent in the PatentBook or the Tier classification of a PatentBook Patent by recommending that it be removed from the PatentBook or reclassified into a lower Tier (such patent being referred to herein as the "Challenged Patent").

  • In such event, if the challenging Person desires to have a Patent Evaluator evaluate or re-evaluate the Challenged Patent, the Publisher (Licensor) shall submit the Challenged Patent and any supporting documentation to a Patent Evaluator for re-evaluation, provided the challenging Person pays all fees and expenses of the Patent Evaluator.

  • Patent Owner (“PO”) has asserted the Challenged Patent in district court in the following matter: Midwest Energy Emissions Corp.

  • The Publisher (Licensor) of the Challenged Patent shall be responsible for the Patent Evaluator fee incurred in connection with the re-evaluation of the Challenged Patent under this Subsection if the Evaluation confirms the re-classification of the patent into a lower tier.

  • Petitioners are also concurrently filing a second petition against the Challenged Patent.

  • Petitioners are concurrently filing a second petition against the Challenged Patent.

  • See USPTO Memorandum on the Treatment of Statements of the Applicant in the Challenged Patent in Inter Partes Reviews under § 3116 (“AAPA Memo”).Petitioner argues that “[m]any Board panels have held that a petitioner may rely on AAPA as ‘prior art’ in an IPR petition under 35 U.S.C.§ 311(b).” Pet.

  • See USPTO Memorandum, Treatment of Statements of the Applicant in the Challenged Patent in Inter Partes Reviews Under § 311 (August 18, 2020), available at https://www.uspto.gov/sites/default/files/documents/signed_aapa_guidance_ memo.pdf.

  • Specifically, the Examiner distinguished the reference, noting that “while [Rheaume] is similar to the claimed invention, it also fails to meet the above ‘flush’ limitation.” Id. at 198.Petitioner makes no effort to argue that the Examiner was unfamiliar with the teaching of Rheaume, other than dismissively asserting that the reference does not “appear[] on the face of the Challenged Patent as a reference cited.” Petition, at 85.

  • See USPTO Memorandum, “Treatment of Statements of the Applicant in the Challenged Patent in Inter Partes Reviews Under§ 311” (Aug.


More Definitions of Challenged Patent

Challenged Patent has the meaning set forth in Section 15.2(c).
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Related to Challenged Patent

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Patent Challenge means a challenge to the validity, patentability, enforceability and/or non-infringement of any of the Licensed Patents or otherwise opposing any of the Licensed Patents.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Challenge means to appeal a ruling of the Chair.

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Infringement has the meaning set forth in Section 6.3(a).

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.