Defense Proceeding definition

Defense Proceeding means an opposition, reexamination request, action for declaratory judgment, nullity action, interference or post-grant proceeding or other attack upon the validity, title or enforceability of a Patent that occurs in the context of litigation; excluding any such proceeding brought as a counterclaim to or defense of, or that accompanies a defense of, any enforcement action under Section 6.3.3.
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Defense Proceeding has the meaning set forth in Section ‎9.3.1. ‌ ​ ‌ ​ ​
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Defense Proceeding has the meaning set forth in Section 10.2.2(a)(i).
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Examples of Defense Proceeding in a sentence

  • If the Indemnifying Party elects to assume and control the defense or in the event of a Joint Defense Proceeding, the Indemnified Party shall take all reasonable efforts necessary to assist the Indemnifying Party in such defense.

  • The Indemnifying Party shall not be liable for any settlement of any Proceeding, the defense of which it has elected to assume, which settlement is effected without the written consent of the Indemnifying Party; provided that no settlement of a Joint Defense Proceeding may be effected without the written consent of both parties.

  • The cost of any such Defense Proceeding of the Akcea Product-Specific Patent Rights in the PTC Territory will be shared equally by Akcea and PTC.

  • Schering shall have the first right to defend and control the defense and settlement of any such Defense Proceeding.

  • Subject to the terms of any applicable In-License Agreement and Co-Co Agreement, and except as set forth in Section 10.2.2 and 10.2.3 below, Voyager shall have the sole right, at its sole cost and cost and expense, for Prosecuting and Maintaining the Voyager Patent Rights and for conducting and defending any Defense Proceeding relating thereto.

  • The Indemnifying Party shall not be liable for any settlement of any proceeding, the defense of which it has elected to assume, which settlement is effected without the written consent of the Indemnified Party; provided that no settlement of a Joint Defense Proceeding may be effected without the written consent of both parties.

  • If the Indemnifying Party (either directly or through its Permitted Designee) elects to assume and control the defense or in the event of a Joint Defense Proceeding, the Indemnified Party shall take all reasonable efforts necessary to assist the Indemnifying Party in such defense.

  • In the event that Schering establishes, according to its normal and customary accounting practices, a reserve for the Defense Proceeding it defends pursuant to (a) and (b) above, at the time of the establishment of the reserve, the Parties shall agree upon a payment schedule for Collateral whereby Schering may reduce the amount of royalties due pursuant to Section VIII by the amounts to be paid by Collateral pursuant to this Section.

  • If the manufacture, sale, offer for sale, use or import of any Product(s) pursuant to this Agreement results in any claim, suit or proceeding alleging patent infringement against Schering (or its Sublicensees) by reason of its use or sale of a Product ("Defense Proceeding"), Schering shall promptly notify Collateral in writing setting forth the facts of such claim in reasonable detail.

  • With respect to any Defense Proceeding relating to an Akcea Product-Specific Patent Right Covering a Product, (a) if Akcea defends such Patent Right, PTC shall have the right, at its sole cost and expense, to join any such defense with counsel of its choice, and (b) if Akcea declines to assume the defense of any such Patent Right, then PTC shall have the right, but not the obligation, to assume the defense thereof at its sole cost and expense.