Declaratory Judgment Actions definition

Declaratory Judgment Actions. In the event a third party brings an action to obtain a declaration of patent invalidity of a Licensed Patent (a "DJ Action") against CU, URC or USB (or its sublicensee RPI), the named defendant(s) shall have the first right to defend said action at its own cost and expense and to control ensuing litigation. If the named defendant elects not to defend the DJ Action, the other parties may elect to defend that action at its own cost and expense and to control the ensuing litigation. In the event that USB (or its sublicensee RPI) and either or both of CU and/or URC are named as parties to the DJ Action and either CU and/or URC elect to defend the action, RPI shall be responsible for the expenses incurred by CU and URC in connection therewith, provided that such expenses are approved in advance by RPI and are reasonable in amount. If CU, URC and or USB (or its sublicensee RPI) finally loses the DJ Action and one or more claims in a Licensed Patent are held to be invalid, this Agreement and the license granted to USB hereunder shall continue to the extent that the manufacture, use or sale of Licensed Products or Licensed Services are covered by any remaining valid claim(s) in any other Licensed Patent.
Sample 1
Declaratory Judgment Actions. In the event a third party brings an action to obtain a declaration of patent invalidity of a Licensed Patent (a "DJ Action") against RPI or USB, RPI shall have the first right to defend said action (including the right to intervene, if necessary) at its own cost and expense and to control the ensuing litigation. If RPI elects not to defend the DJ Action, USB may elect to defend that action at its own cost and expense.
Sample 1

Examples of Declaratory Judgment Actions in a sentence

  • The Arbitration and Declaratory Judgment Actions Plaintiff contends that the Proxy’s omission of the Arbitration and Declaratory Judgment Actions was material.

  • Frankel & Ethan Forrest, Museums’ Initiation of Declaratory Judgment Actions and Assertion of Statutes of Limitations in Response to Nazi-Era Art Restitution Claims—A Defense, 23 DEPAUL J.

  • Significantly, the motion’s substantive arguments served the basis for the District Court’s ruling at the outset of trial and its declaratory judgment findings. Moving to bifurcate trial concerning a contested issue in Richard’s Estate from the Declaratory Judgment Actions to reduce the cost of preparation and participation.

  • Lee, Call It a Comeback: A Sweeping Change in the Law on Declaratory Judgment Actions Against Patent Owners, 64 N.Y.U. ANN.

  • Frankel & Ethan Forrest, Museums’ Initiation of Declaratory Judgment Actions and Assertion of Statutes of Limitations in Response to Nazi-Era Art Restitution Claims—A De- fense, 23 DePaul J.

  • Declaratory Judgment Actions Wisconsin law authorizes courts of general jurisdiction to declare rights, status, and other legal relations' which 'declaration may be either affirmative or negative in form and effect.

  • Declaratory Judgment Actions in the Hatch-Waxman Framework ....................

  • The Parties acknowledge and agree that the remainder of this Section 6.3 is subject to Section 7.3 of the Therapeutic License Agreement (Declaratory Judgment Actions).

  • The appealing party must provide proof of service of the complaint and summons in accordance with TCR 7 F.] * * * * * A(4) Service Requirements in Declaratory Judgment Actions.

  • Browne that Declaratory Judgment Actions in Which a Landowner Seeks Recognition of a Reversionary Interest in the Mineral Estate Following the Termination of an Oil and Gas Lease Pursuant to its Express Terms is Akin to a Quiet-Title Action, Makes Clear that Appellants’ Claims Herein Constitute a Controversy that Triggers the Exception to Arbitration Contained in R.C. § 2711.01(B)(1) and are, Therefore, Not Subject to Arbitration.

Related to Declaratory Judgment Actions

  • Alternate Judgment means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.

  • Consent Judgment means a state-specific consent judgment in a form to be agreed upon by the Settling States, Participating Subdivisions, and Xxxxxxx prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section IV, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.

  • Declaratory order means the department’s interpretation of a statute, rule or order as applied to specified circumstances. A declaratory order is issued in response to a petition for declaratory order.

  • Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Final Approval Order and Judgment means an order and judgment that the Court enters after the Final Approval Hearing, which finally approves the Settlement Agreement, certifies the Settlement Class, dismisses the Action with prejudice, and otherwise satisfies the settlement-related provisions of Federal Rule of Civil Procedure 23, and is consistent with all material provisions of this Agreement, substantially in the form annexed hereto as Exhibit 5.

  • Alternative Judgment means a form of final judgment that may be entered by the Court but in a form other than the form of Judgment provided for in this Stipulation and where none of the Parties hereto elects to terminate this Settlement by reason of such variance.

  • Final Judgment means the Final Judgment and Order to be entered by the Court approving the Agreement after the Final Approval Hearing.

  • Reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Professional Judgement shall be defined as judgement that is informed by professional knowledge of curriculum expectations, context, evidence of learning, methods of instruction and assessment, and the criteria and standards that indicate success in student learning. In professional practice, judgement involves a purposeful and systematic thinking process that evolves in terms of accuracy and insight with ongoing reflection and self-correction.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Medical malpractice judgment means any final order of any court entering judgment against a

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.

  • Enforcement Action means any action to enforce any Obligations or Loan Documents or to exercise any rights or remedies relating to any Collateral (whether by judicial action, self-help, notification of Account Debtors, exercise of setoff or recoupment, exercise of any right to vote or act in a Loan Party’s Insolvency Proceeding, or otherwise), in each case solely to the extent permitted by the Loan Documents.

  • Current Proceeding means any proceeding conducted under any provisions of this subsection that

  • Protective proceeding means a judicial proceeding in which a protective order is sought or has been issued.

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

  • Juvenile court means the district court of this state.

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Regulatory Action means an administrative or regulatory enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, or consent decree, issued by the FDA.