Essential Patent Claims means claims of a patent or patent application which would be necessarily and unavoidably infringed by the making, having made, designing, using, offering for sale, selling, importing, exporting, leasing or disposing by other means of those portions of a product that implements the secure digital technology in compliance with the SD Group Specifications in a particular country in the absence of a license or other authorization from the owner of such patent claims in such country. As used herein, “infringe” includes direct infringement, contributory infringement and/or inducement of infringement. Essential Patent Claims shall not include patent claims for a format that is independently adopted by third parties but incorporated and referenced in the SD Specifications, nor shall it include Semiconductor Memory Technology or semiconductor process/packaging technologies.
Essential Patent Claims means Patent Claims which are required to implement the Adopted Specification or portions thereof.
Essential Patent Claims means the claims of the Motorola Patents set forth on Exhibit B as well as all other Motorola IC Patent Claims: (a) to the extent that infringement of such claims cannot be avoided in remaining compliant with the Wireless Standards, including optional implementations thereof provided for in the Wireless Standards, on technical grounds (but not commercial grounds) taking into account normal technical practice and the state of the art generally available at the time of standardization; or (b) that a member of the Motorola Group has certified, declared or otherwise identified to a standards organization or other public subscription system as being claims that cannot be avoided in remaining compliant with Wireless Standards (as further set forth in subsection (a) above) including, for example, Motorola IC Patent Claims of Patents identified on the website of a standard organization as Patents essential to compliance with a Wireless Standard.
Examples of Essential Patent Claims in a sentence
IEEE standards may be drafted in terms that include the use of Essential Patent Claims.
The Submitter of the Letter of Assurance may, after Reasonable and Good Faith Inquiry, indicate it is not aware of any Patent Claims that the Submitter may own, control, or have the ability to license that might be or become Essential Patent Claims.
The Submitter may, but is not required to, identify one or more of its Patent Claims that it believes might be or become Essential Patent Claims.
The Submitter and all Affiliates (other than those Affiliates permissibly excluded above) agree not to sell or otherwise transfer any rights in any Essential Patent Claims that they hold, control, or have the ability to license with the intent of circumventing or negating any of the representations and commitments made in this LOA.
If D.1.a or D.1.b is checked, the Submitter shall not condition a license on the Applicant’s agreeing (a) to grant a license to any of the Applicant’s Patent Claims that are not Essential Patent Claims for the IEEE Standard identified in part C, or (b) to take a license for any of the Submitter’s Patent Claims that are not Essential Patent Claims for the IEEE Standard identified in part C.
More Definitions of Essential Patent Claims
Essential Patent Claims means those claims of a third party patent to the extent that infringement of such claims can not be avoided in remaining compliant with Wireless Standards, including optional implementations thereof provided for in the Wireless Standards, on technical but not commercial grounds, taking into account normal technical practice and the state of the art generally available at the time of standardization. “Wireless Standards” means: (a) all cellular communication technical specifications adopted as a standard by either a standards development organization (SDO) or a major operator of public subscription systems for in-country requirements (e.g., frequency spectrum availability, interconnection with preexisting telephony networks, etc.), as well as various adjunct protocols to the extent incorporated into such standards, including, but are not limited to, those technical specifications for digital radiotelephone service: (i) promulgated by ETSI and known as the GSM, Pan-European Digital Cellular radiotelephone service (including Personal Communications Network services, presently known as DCS1800 and in the United States PCS1900); (ii) promulgated in the United States by the Telecommunications Industry Association/Electronic Industries Associates (TIA/EIA) and presently known as AMPS (Advanced Mobile Phone System), NAMPS (Narrowband AMPS), TDMA Cellular/PCS—Radio Interface Interim Standards XX-000, XX-000 and IS-138 (including IS-54, IS-55 and IS-56 and PCS 1900 standards XXXX-000, XXXX-000 and JSTD-011); (iii) promulgated by ARIB (formerly RCR) and known as PDC (Personal Digital Cellular); (iv) promulgated by the TIA and known as IS-95 IS-95B, RTT MC 1X and 1X Plus and 1Xtreme Code Division Multiple Access services; (v) third generation (3G) cellular standards currently under development and known by such designations including 3GPP, UMTS, WCDMA and CDMA2000; and (vi) fourth generation (4G) cellular communication standards; and (vii) various derivations thereof that do not fundamentally alter the character thereof (e.g., wireless air-interface, framing structure, control, call set-up and connection management); and (b) all technical specifications promulgated or currently under development and known as IEEE 802 wireless standards (including any and all international versions thereof). “Wireless Standards” expressly excludes technical specifications for semiconductor processes or semiconductor devices issued by any public or private standards body whereby patent...
Essential Patent Claims means claims of a patent or patent application pending on the effective date of this Agreement, issued now or in the future, that are necessarily infringed by those portions of IDCPs and/or UDCPs that implement inventions claimed in US Patent 4,860,353. Without limiting the foregoing, Essential Patent Claims shall not include (a) any claims relating to semiconductor manufacturing technology; (b) claims relating to aspects of any technology or standard that is not itself part of the Referenced Technology (including by way of example, CSS, MPEG, IEEE 1394, DES, NRSS and smart card technology) even if such standard may otherwise be mentioned or required by the Referenced Technology; (c) claims which, if licensed, would require a payment of royalties by the licensor to unaffiliated third parties; (d) claims relating to any technology introduced into the Referenced Technology, the Compliance Rules or the Robustness Rules pursuant to changes made in accordance with Section 6; or (e) any claims other than those that are necessarily infringed by those portions of IDCPs and/or UDCPs that implement the inventions claimed in US Patent 4,860,353, even if contained in the same patent as such claim(s).
Essential Patent Claims means those claim(s) in issued patents (excluding design patents and design registrations) throughout the world, which a Member or its Affiliates has the right, at any time during the term of this Agreement, to grant licenses of the scope set forth in Section 4.1 (RAND Licenses) without such grant or the exercise of rights thereunder resulting in payment of royalties or other consideration to third parties (except for payments to Affiliates or to employees within the scope of their employment) and (i) which are necessarily infringed by the using, making, selling, offering for sale, or importing of a Fully Compliant Product, where the term “necessarily infringed” means that such infringement is caused by the Fully Compliant Product’s implementation of Phy/MAC/Link layer technology corresponding to an Approved Draft Deliverable Technical Specification and such infringement could not have been avoided by another commercially reasonable non-infringing implementation of the applicable Approved Draft Deliverable Technical Specification on which the Fully Compliant Product is based, or (ii) which are necessarily infringed by the implementation of any example included in the body of such Technical Specification. Essential Patent Claims do not include implementation examples included solely in any appendix, exhibit or other attachment to the actual Technical Specification, Essential Patent Claims shall include claims in issued patents regardless of when the patents issue or when the inventions included in such patents were conceived, reduced to practice, created, derived, developed, or made. Essential Patent Claims include claims that meet the definition above that are included in the Multiple Member Intellectual Property.
Essential Patent Claims means those Patent claims the use of which would necessarily be infringed by the use, sale, offer for sale or other disposition of a portion of a product in order to be compliant with the required portions of a final approved JEDEC Standard. Essential Patent Claims do not include Patent claims covering aspects that are not required to comply with a JEDEC Standard, or are required only for compliance with sections that are marked “example,” “non-normative,” or otherwise indicated as not being required for compliance, or related to underlying enabling technologies or manufacturing techniques not specified in the standard.
Essential Patent Claims in the IPR Policy set forth in Exhibit 2 of the Agreement is hereby amended by adding the following clause after the phrase “where the term “necessarily infringed” means that such infringement”: “is caused by the Fully Compliant Product’s implementation of Phy/MAC/Link layer technology corresponding to an Approved Draft Deliverable Technical Specification and such infringement” Therefore, the definition of Essential Patent Claims will read as follows with the new terms underlined:
Essential Patent Claims means claims of a patent or patent application, issued now or in the future, relating to inventions that are reasonably required for using, making, or distributing a CI, including any claims which cannot reasonably be designed around or which it would be commercially or technically impractical to design around. Notwithstanding the foregoing sentence, Essential Patent Claims do not include any claims other than those set forth above even if contained in the same patent as Essential Patent Claims.
Essential Patent Claims means those claim(s) in issued patents (excluding design patents and design registrations) anywhere in the world, which an Alliance Party or its Affiliates has the right, at any time during the term of this IPR Policy, to grant licenses which claims are necessarily infringed by compliance with any portion of a Full Specification and which are within the bounds of the Scope, where such infringement could not have been avoided by another commercially reasonable non-infringing implementation of such portion of a Full Specification, and, where the term Essential Patent Claims does not include any claims: (i) other than those set forth above even if contained in the same patent as those claims set forth above; or (ii) that read on implementation examples included solely in any appendix, exhibit or other attachment to the actual Full Specification; or (iii) that, if licensed, would require consent from, and/or a payment of royalties by the licensor to unaffiliated third parties. Essential Patent Claims shall include claims in issued patents regardless of when the patent applications were filed, when the patents issue or when the inventions included in such patents were conceived, reduced to practice, created, derived, developed, or made.