Covered By definition

Covered By means a claim or claims within any pending or issued patent included in the Patent Rights claiming all, a portion, or a component or step of a Licensed Process, Licensed Product, or Licensed Service.

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Covered By means (i) infringes, in the case of a claim in an issued patent, or (ii) would infringe the claim if it existed in an issued patent, in the case of a claim in a pending application.

Covered By means, with reference to a particular Licensed Product or Licensed Service, that the manufacture, use, sale, offering for sale, performance, or importation of such Licensed Product or performance of such Licensed Service would, but for ownership of, or a license granted under this Agreement to, the relevant Patent Right, infringe a Valid Claim which shall be considered separately with respect to each country in the Territory.

Examples of Covered By in a sentence

• See Section 6.0 - How We Coordinate Your Benefits When You Are Covered By More Than One Plan for further information.

• How We Coordinate Your Benefits When You Are Covered By More Than One Plan; • Section 7.0 - Adverse Benefit Determinations and Appeals; and • Section 7.7 - Our Right of Subrogation and Reimbursement.

• Supervisors Who Are Covered By This Agreement On or After February 20, 2013.

• CERP Supervisors Who Are Covered By This Agreement Before February 20, 2013.

• Notwithstanding anything to the contrary in the Agreement, to the extent the manufacture of a Product is Covered By an issued patent within the definition of Patents and occurs prior to the expiration of such issued patent, the sale of that Product after the expiration date of the issued patent shall still constitute a royalty-bearing sale under Section 4.

More Definitions of Covered By

Covered By or “Covers,” or the like, means, with respect to a given Collaboration Compound or Licensed Product (as the case may be), that the sale or offer for sale of such Collaboration Compound or Licensed Product, but for ownership of, or a license granted in this Agreement under, the relevant Patent would infringe a Valid Issued Claim (or, a Valid Pending Claim if a patent containing such Valid Pending Claim were to issue) of such Patent in the country of sale on the date of sale.

Covered By means, with respect to any act, an act that would, in the absence of a license provided hereunder, constitute an infringement of a claim of a pending patent application, or a claim of an issued patent which has not been held invalid or unenforceable by a court of competent jurisdiction in a decision which is unappealable or the appeal period for which has expired without an appeal being taken.

Covered By means, with respect to Licensed Product, in the absence of ownership of, or a license granted under, a Valid Patent Claim, that the manufacture, use, offer for sale, sale or importation of such Licensed Product would infringe such Valid Patent Claim.

Covered By means a Licensed Product that, when made, used, or sold, or a Licensed Method that, when practiced, would constitute, but for the license granted to Licensee pursuant to this Agreement, an infringement of any claim or claims included within the Patent Rights.

Covered By means, with respect to Patent Rights: materials, products and services developed, manufactured, used, sold or provided by ZMC, which but for the License, would infringe a Valid Claim of such Patent Rights in the Territory in which such products or services are developed, used, manufactured, sold or provided by ZMC, respectively.

Covered By means, with respect to any Licensed Product, that the manufacture, use, offer for sale, sale or importation of such Licensed Product(s) would (if such activity were performed by a Third Party) infringe an Issued Patent Claim.

Covered By means a product or method that, when made, used, practiced, or sold, would constitute, but for the license granted to Licensee pursuant to this Agreement, an infringement of any Valid Claim included within the Patent Rights.