Defensive Patent Claim means an Infringement Claim against a DPL User made in response to a pending prior Infringement Claim by said DPL User against the asserter of the Defensive Patent Claim.
Defensive Patent Claim means an Infringement Claim asserted against a party in response to a prior Infringement Claim by said party against the asserter of the Defensive Patent Claim.
Defensive Patent Claim means a claim of patent infringement (including but not limited to claims made before the International Trade Commission), made by a second DPL User or its Affiliate against a first DPL User or its Affiliate in response to a claim of patent infringement asserted against such second DPL User or its Affiliate, or such second DPL User’s or its Affiliate’s product or service, by such first DPL User or its Affiliate, provided that such claim by the second DPL User or its Affiliate is asserted as a counterclaim in the same action filed by the First DPL User or its Affiliate or is filed in another forum within x months after assertion of the claim by the first DPL User or its Affiliate.
More Definitions of Defensive Patent Claim
Defensive Patent Claim means a claim, action or proceeding for Infringement asserted or instituted by a first Entity in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, against a second Entity or its Affiliate in response to a claim of Infringement made in an Offensive Patent Proceeding brought by the second Entity or its Affiliate against the first Entity or its Affiliate, or against another Entity based upon alleged Infringement by any of the first Entity’s or its Affiliate’s Products and Services, provided (i) that such claim by the first Entity or its Affiliate is asserted at any time as a counterclaim in the same Offensive Patent Proceeding filed by the second Entity or its Affiliate or (ii) such action or proceeding is filed in another forum within two (2) years after the filing of the Offensive Patent Proceeding by the second Entity or its Affiliate.