Essential Claims definition
Essential Claims means all claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by implementation of any Normative Requirement in a Final Guideline or Final Maintenance Guideline. A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing a Normative Requirement of a Final Guideline or Final Maintenance Guideline. Existence of a non- infringing alternative shall be judged based on the state of the art at the time the guideline is adopted as a Final Guideline or Final Maintenance Guideline. If a Normative Requirement in a Final Guideline or Final Maintenance Guideline may be fulfilled by any of a list of specified alternatives, then for determination of whether a claim is an Essential Claim, each of the specified alternatives should be considered independently as if it were the only method for fulfilling that requirement. ***
Essential Claims means those claims of all patents and patent applications, throughout the world, in which a Contributor or a Contributor's organisation (including its representatives and Affiliates) has the right to grant licences, which claims are necessarily infringed by use or implementation by OIX or any other person of that Contributor's Contribution in the manner permitted by the OIX IPR Policy. A claim is "necessarily infringed" hereunder only when it is not possible to avoid infringing it because there is no practical and technically feasible non-infringing alternative for using or implementing the Deliverable in the manner permitted by this OIX IPR Policy.
Essential Claims means all claims in any Necessary Patent (as defined in Section 103.10(g)(ii)) having a publication date prior to the publication of the Initial Draft standard or addendum to a standard, in any jurisdiction in the world, that would necessarily be infringed by Practicing the proposed or approved standard.
Examples of Essential Claims in a sentence
The term of the license shall extend for the life of the Essential Claims.
A Promoter’s patent licensing commitments shall continue to apply to any Essential Claims included in a Draft Deliverable as of the effective date of withdrawal or termination.
Notwithstanding Section 3.5.1, Adopting Party need not grant a license with respect to Specified SNIA Architecture or Specified SNIA Software to an Adopting Party that is not willing to grant reciprocal licenses on reasonable and nondiscriminatory terms and conditions, including reasonable compensation, to its own Essential Claims in the SNIA Architecture or SNIA Software.
Such notice must be received by the Board at least fourteen days after issuance of the last draft version of the Standard in which the Essential Claims first became Necessary.
Each Contributor undertakes to be prepared to grant under all its Essential Claims to all other Participants and to all members of the public an unlimited, perpetual and irrevocable license for the making, selling, hiring, using, offering to make, sell or hire, or otherwise disposing of any equipment or method that complies with the Standard.
More Definitions of Essential Claims
Essential Claims means claims of a patent or patent applications, within the Scope (as such term is defined below), other than design patents and design registrations, that are: (i) owned or controlled by a Member or its Affiliates now or at any future time; and (ii) necessarily infringed by those portions of an implementation of the applicable Specification which are within the Scope, where such infringement could not have been avoided by another technically reasonable non-infringing alternative for implementing such Specification.
Essential Claims means all claims in any patent or patent application in any jurisdiction in the 91 world that would necessarily be infringed by implementation of the Proposed Standard 92 Specification. A claim is necessarily infringed hereunder only when it is not possible to avoid 94 Requirements of the Proposed Standard Specification. Existence of a non-infringing alternative 95 shall be judged based on the state of the art at the time the specification becomes a Proposed 96 Standard Specification. The following are expressly excluded from and shall not be deemed to 97 constitute Essential Claims: 1) any claims other than as set forth above even if contained in the 98 same patent as Essential Claims; 2) claims which would be infringed only by: a) portions of an 99 implementation that are not specified in the Normative Requirements of the Proposed Standard 100 Specification, b) enabling technologies that may be necessary to make or use any product or 101 portion thereof that complies with the Proposed Standard Specification and are not themselves 102 expressly set forth in the Proposed Standard Specification (e.g., semiconductor manufacturing 103 technology, compiler technology, object-oriented technology, basic operating system technology, 104 and the like); or c) the implementation of technology developed elsewhere and merely 105 incorporated by reference in the body of the Proposed Standard Specification; and 3) design 106 patents and design registrations. 107 “Executive Council” shall refer to the collective of certain Delegates which shall constitute the 108 entity defined in the Bylaws as the “Board of Directors” for purposes of applicable California 109 law, and which shall have the rights and obligations set out in Section 4.2.1 of this Agreement 110 and applicable California law. The Executive Council may be referred to as the Statutory 111 Committee in the Bylaws.
Essential Claims means those claims of all patents and patent applications, throughout the world, in which a Contributor or a Contributor’s organization has the right to grant licenses, which claims are necessarily infringed by an implementation by any party of a DIACC Deliverable. A claim is “necessarily infringed” hereunder only when it is not possible to avoid infringing it because there is no technically feasible non-infringing alternative for implementing the DIACC Deliverable.
Essential Claims means claims of a patent that are owned or controlled by a Contributor or its Affiliates now or at any future time, where (i) such claims are infringed by an implementation of the portions of a Specification within the bounds of the Scope, and (ii) that infringement cannot be avoided because there is no technically reasonable non-infringing alternative for implementing the portions of that Specification within the bounds of the Scope. “Essential Claims” does not include any claims that do not meet the criteria above, even if contained in the same patent as Essential Claims; and notwithstanding those criteria, does not include claims: (a) that read solely on an optional implementation example included in a Specification; (b) that read solely on any implementations of any portion of a Specification that are not within the bounds of the Scope; or (c) that, if licensed, would require a payment of royalties or other consideration by the licensor to unaffiliated third parties.
Essential Claims means all claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by implementation of a Final Specification. A patent claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no commercially reasonable non-infringing alternative for implementing the Final Specification. Existence of a non-infringing alternative shall be judged based on the state of the art at the time the Final Specification is approved by the Technical Review Board of ODVA. Notwithstanding the foregoing, the following are expressly excluded from and shall not be deemed to constitute Essential Claims: (a) any claims that may be contained in the same patent or patent application as Essential Claims but are not themselves Essential Claims as defined above; (b) claims that would be infringed only by: (i) portions of any product and any combination of products (or portions of products) that are not necessary for conformance with any element of the Final Specification, including, but not limited to, any "required," "optional," or "suggested" element referred to in the Final Specification; (ii) enabling technologies that may be necessary to make or use any product or portion thereof that conforms with the Final Specification and are not themselves expressly set forth in the Final Specification (e.g., semiconductor manufacturing technology, compiler technology, object oriented technology, operating system technology, and the like); or (iii) the implementation or use of technology, specifications, or standards developed elsewhere (i.e., outside of ODVA) and merely incorporated by reference into the body of the Final Specification; and (c) design patents and design registrations.
Essential Claims means those patent claims that, but for this Agreement and according to Licensors, would be directly infringed by Licensee or its Affiliates making, having made, Selling, offering for Sale, importing, exporting or using the particular Licensed Product in question within the Field of Use.
Essential Claims means only those claims of patents and published patent applications owned or controlled, directly or indirectly, by an Adopting Party or its Affiliates, that are necessarily infringed in the implementation of SNIA Architecture or in the use of SNIA Software and that an Adopting Party or its Affiliate has or hereafter obtains the right to license. A claim is necessarily infringed only where there is no commercially reasonable non- infringing alternative. Essential Claims does not include:
(i) claims that, if licensed, would require the payment of royalties by the licensor to or the consent of an unaffiliated third party, where licensor has made a good faith effort to obtain such consent and such consent has been withheld;
(ii) any claims other than as set forth above even if contained in the same patent as Essential Claims;
(iii) design patents and registrations; or
(iv) claims which would be infringed only by:
a. portions of an implementation that are not required by the SNIA Architecture or SNIA Software; or
b. enabling technologies that may be necessary to make or use any product or portion thereof that complies with SNIA Architecture or SNIA Software, but are not themselves expressly set forth in SNIA Architecture or SNIA Software (e.g., semiconductor manufacturing technology, compiler technology, object-oriented technology, basic operating system technology, and the like); or
c. the implementation of technology not developed under the auspices of the SNIA or contributed to the SNIA, which is merely incorporated by reference into SNIA Architecture or SNIA Software.