Covered Patents mean patent claims licensable by a Contributor that are necessarily infringed by the use or sale of its Modification alone or when combined with the Subject Software.
Covered Patents has the meaning set forth in Section 3.1(c).
Covered Patents means that, in respect of at least one Finished Product, the manufacture, use, sale or import of such Finished Product would infringe, but for the license granted hereunder, at least one (1) claim in the Licensed Patents in the country in which such Finished Product is manufactured, used, sold, or imported, as of the Effective Time.
Examples of Covered Patents in a sentence
Licensor has no obligation under this Agreement to file or prosecute any patent application, secure, or maintain any Licensed Patents or Covered Patents in force.
The License and other rights granted to Licensee under this Agreement are not sublicensable or transferable and Licensee and Licensee Parties are not authorized to grant any rights under the Licensed Patents or Covered Patents.
Moreover, if one or more Covered Patents has a term extending beyond the last to expire Licensed Patent, then the protections of Section 2.2 will go away upon expiration of the agreement and the Licensee could then be sued under the Covered Patent.
Except for the license granted herein to LDBC and implementers of the Covered Standards (each a “Licensee” as defined in the following paragraph), You reserve all right, title, and interest in and to the Covered Patents.
In return for Your agreement to license the Covered Patents, LDBC shall not use the Covered Patents in a way that is contrary to the public benefit or inconsistent with its nonprofit status and its Byelaws in effect at the date of this Agreement.
More Definitions of Covered Patents
Covered Patents means any Patent owned by a Party or member of its Group with an effective filing date prior to the fifth anniversary of the date of this Agreement.
Covered Patents means all Patents owned by MICROSOFT or its Affiliates entitled to an effective filing date on or before the end of the Term.
Covered Patents means the JMM patents and patent applications (including all patents issuing therefrom) listed in Exhibit A ("JMM Patents") as --------- well as any patents claiming priority, in whole or in part, to either of the foregoing, filed in any country, including utility models and registrations and also including any reissues, divisions, re-examinations, renewals, extensions, provisionals, continuations, continuations-in-part or counterparts thereof.
Covered Patents means Patents entitled, in whole or in part, to an effective filing date on or before the end of the Term (i) which a granting party or any of its Subsidiaries now or hereafter during the Term owns or controls, or (ii) under which (and to the extent to which) a granting party or any of its Subsidiaries now or hereafter during the Term has the ability or right to grant a release, covenant not to xxx or other freedom from suit. Covered Patents do not include Extendible Third Party Patents.
Covered Patents means any patents and patent applications in the FOU owned by Licensor but solely to the extent Licensor has the right to grant the Patent Non-Assertion set forth in Section 2.2. [7] “Covered Parties” has the meaning set forth in Section 2.1. “Covered Product” means those portions of a Licensed Product that infringe a claim of a Licensed Patent. [8] claiming that such other parties are not licensed. [5] This “intending to be legally bound” language is useful because some courts have relied on language such as this to find enforceable obligations even in the absence of consideration. [6]There are numerous fee and royalty structures. Fees and/or royalties paid based on milestones, product sales, revenues and other business metrics require reporting and auditing provisions. An annual flat fee is useful in agreements where the parties wish to avoid costs and resources allocated to the maintenance of the license agreement for reporting and audits since administratively tracking a flat fee is far simpler. [7] This definition might encompass some patents above and beyond that which the Licensor is intending to license and has identified as Licensed Patents. To the extent that licensor owns such patents, the licensor is agreeing not to assert those patents against the licensee when the licensee practices the Licensed Patents per the terms of the license. [8] The limitation to those “portions” of products is commonly used where the envisioned commercial products are often compound products (i.e., having many distinct parts that are combined when sold and/or used) and the licensor’s grant is only intended
Covered Patents means any patents and patent applications in the FOU owned by Licensor but solely to the extent Licensor has the right to grant the Patent Non-Assertion set forth in Section 2.2. [7] “Covered Parties” has the meaning set forth in Section 2.1. “Covered Product” means those portions of a Licensed Product that infringe a claim of a Licensed Patent. [8] “Divest” or “Divestiture” means with regard to a patent or patent application, the sale, transfer, assignment, exclusive license, or other conveyance even if the foregoing are subject to one or more pre-existing encumbrances. “Effective Date” means the date entered by Licensor above. “Field of Use” or “FOU” means [______________]. “Have Made” means and is limited to the right of Licensee or a Licensee Subsidiary to have a third party make Licensed Products solely for Licensee or a Licensee Subsidiary, as applicable, provided that: (a) Licensee or the pertinent Licensee Subsidiary owns and supplies the designs, specifications or working drawings for such Licensed Product to such third party; (b) such designs, specifications or working drawings are in sufficient detail such that no substantial additional design by such third party is required; (c) such third party is not authorized to and will not sell such Licensed Products to third parties; and (d) each such Licensed Products that is made for and sold by Licensee or a Licensee Subsidiary is branded with trademarks, trade names or commercial indicia of Licensee or a Licensee Subsidiary. “License” means the license granted in Section 2.1. “Licensed Patents” means the patents and patent applications [listed on Exhibit A][within the FOU] and any patent or patent application that claims priority, directly or indirectly, from [any patent or patent application listed on Exhibit A] [any patent by Xxxxxxxx filed in the FOU]. [9] “Licensed Products” means any product, process, system, or service that infringes at least one claim of a Licensed Patent that is (i) sold or distributed by a Licensee Party under a brand or other mark of the Licensee Party, or (ii) used internally by a Licensee Party. [10] “Licensee Party” or “Licensee Parties” means Licensee and each Subsidiary, either alone or collectively, as the context dictates. “Licensee Party Product” means any product process or service sold or distributed by a Licensee Party under a brand or other mark of the Licensee Party. “Patent Non-Assertion” means the covenant not to sue set forth in Section 2.2. “Subsidiary” mea...
Covered Patents means Patents entitled, in whole or in part, to an effective filing date on or before the end of the Term, (i) which a granting party or any of its Subsidiaries now or *** Portion for which confidential treatment requested. Microsoft — Novell CONFIDENTIAL Patent Cooperation Agreement November 2, 2006 1 of 27 hereafter during the Term owns or controls, or (ii) under which (and to the extent to which) a granting party or any of its Subsidiaries now or hereafter during the Term has the ability or right to grant a release, covenant not to sxx or other freedom from suit. Covered Patents do not include Extendible Third Party Patents.