Essential Claim definition

Essential Claim means any claim in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by devices or methods due to comply with the Standard, including optional features. A claim is necessarily infringed when there is no technically feasible alternative implementation, taking into account normal technical practice and the state of the art generally available at the time the Contribution containing the Essential Claim was first adopted into the Standard.

Essential Claim means a claim of a patent, whether or not issued as of the date of this Agreement, that is necessarily infringed by implementing the required portions of the TIP Specification or any aspect of the Profiles that is required for interoperability with a Cisco TelePresence product. A claim is necessarily infringed only when there is no technically or commercially reasonable way to avoid infringement of that claim when following the requirements of the Specification or Profiles to make a Compliant Implementation. Notwithstanding the foregoing, Essential Claim does not include any claim that, if licensed, would require a payment of royalties by the licensor to a person or entity that is not affiliated with the licensor.

Essential Claim means claims of all patents issued, and patent applications filed, under the laws of any country that are necessarily infringed by implementing the normative portion of a Specification Document. An Essential Claim is “necessarily infringed” only when there is no other technically reasonable noninfringing alternative for implementing a Specification Document.

Examples of Essential Claim in a sentence

• The same applies for the Associated Member’s pre-existing Intellectual Property Rights where the Associated Member provides a Submission, Essential Claim or a FRAND License under the IP Policy and the Bylaws.

• The Exclusion Notice shall include identification of the numbered section of the Final Guideline or Final Maintenance Guideline whose implementation makes the excluded claim an Essential Claim for each of the issued patent(s) or pending patent application(s) that a Participant reasonably believes at the time may contain Essential Claims the Participant wishes to exclude from the CAB Forum RF License.

• The Exclusion Notice for unpublished patent applications must provide either: (i) the text of the filed application; or (ii) identification of the specific part(s) of the Draft Deliverable whose implementation makes the excluded claim an Essential Claim.

• This duty to disclose includes Essential Claims contained in published patent applications, but not in unpublished patent applications, but if an Essential Claim issues from an application, or is published, prior to SNIA’s final designation of SNIA Architecture or SNIA Software, then Adopting Party shall make reasonable and good faith efforts to disclose such Essential Claims after issuance or publication, provided that such Adopting Party has Actual Knowledge of such Essential Claims.

• Each Member agrees that neither it nor its Affiliates will transfer, and have not transferred, patents or patent applications having Essential Claims for the purpose of circumventing such OPEN Alliance Member’s obligations under this IPR policy.Any agreement to transfer an Essential Claim must provide that the obligations of the OPEN Alliance Member to grant Licenses pursuant to Section 5: Licensing of Intellectual Property Rights shall bind all successors-in-interest.

More Definitions of Essential Claim

Essential Claim means a claim of a patent, whenever and wherever issued, that Adobe has the right to license without payment of royalty or other fee that is unavoidably infringed by implementation of the DNG Specification. A claim is unavoidably infringed by the DNG Specification only

Essential Claim means a claim of a patent, whenever and wherever issued, that Adobe has the right to license without payment of royalty or other fee that is unavoidably infringed by implementation of the DNG Specification. A claim is unavoidably infringed by the DNG Specification only when it is not possible to avoid infringing when conforming with such specification because there is no technically possible noninfringing alternative for achieving such conformity. Essential Claim does not include a claim that is infringed by implementation of (a) enabling technology that may be necessary to make or use any product or portion thereof that complies with the DNG Specification but is not itself expressly set forth in the DNG Specification (for example, compiler technology and basic operating system technology), (b) technology developed elsewhere and merely incorporated by reference in the DNG Specification, or (c) the implementation of file formats other than DNG.

Essential Claim means a claim of a patent, whenever and wherever issued, that is necessarily infringed in order to achieve compliance with the requirements of the XMP Specification. A claim is necessarily infringed only when there is no reasonable way to avoid infringement of that claim when defining, creating, storing or processing metadata.

Essential Claim means a claim of a patent, whenever and wherever issued, that is necessarily infringed in order to achieve compliance with the requirements of the WILL Data Format Specification. A claim is necessarily infringed only when there is no reasonable way for Compliant Implementation to avoid infringement of that claim.

Essential Claim means a claim of any patent or published patent application throughout the world that is issued now or in the future, that is owned or controlled by Motorola, and that is necessarily infringed as a result of implementing any of the mandatory Specifications.

Essential Claim means any claim in any patent, utility model and published application thereof throughout the world (hereinafter collectively called the "Patent") that would necessarily be infringed by implementation of a Forum Standard, provided that a claim is necessarily infringed only when there is no technically available and non-infringing alternative for implementing the Forum Standard.

Essential Claim means those claims in any patents owned by the JVCo Group which, without the permission of the owner, would be infringed when implementing a microprocessor core which implements a present or future version of the ARM Architecture as defined in the respective Architecture Reference Manual from time to time because no commercially reasonable, non-infringing alternative way of implementing such microprocessor core is available, only to the extent that such claims are embodied or taken into use in any Architecture Compliant Core developed by any member of the JVCo Group;