Infringement Actions definition

Infringement Actions has the meaning set forth in Section 11.3.2(c).
Infringement Actions shall have the meaning set forth in Section 8.5.
Infringement Actions. The University prefers to partner with the licensee to pursue infringements. Only if there is no agreement to partner does the University get the right to pursue the infringer independently of the licensee. If the University declines to pursue, then the licensee has that right. In all cases, any resulting revenue is shared.

Examples of Infringement Actions in a sentence

  • Notwithstanding anything contained in this Section 11.3, the provisions of Section 9.5 shall govern the defense of any Infringement Actions.

  • If a third party challenges the validity of the Licensed Patent Rights in a declaratory relief action or proceeding, in an opposition action, in an interference action or proceeding or other than in connection with a suit or proceeding described in Section 8.6 (Infringement Actions), Licensee and TSRI shall confer regarding the need and desirability of defending such challenge, and each party may apply its own business judgment as to whether to defend any litigation applicable to the challenge.

  • GRABOWSKA-MOROZ, EU Values Are Law, after All: Enforcing EU Values through Systemic Infringement Actions by the European Commission and the Member States of the European Union, in Yearbook of European Law, 2021 (forthcoming).

  • Notwithstanding anything contained in the foregoing to the contrary, the provisions of Section 9.4 shall govern the defense of any Infringement Actions.

  • Should Licensee exercise this right, Licensor shall agree, as necessary, to be joined as a party to, and shall otherwise cooperate with, such Infringement Actions; provided, that Licensee shall reimburse Licensor’s reasonable costs in connection with such joining or cooperation.

  • For clarity, such expenses shall not include any expenses of Licensor incurred by Licensor in connection with (i) Licensor’s review and comment on such Infringement Action, which opportunity Licensee offers Licensor as a courtesy, (ii) any Infringement Actions undertaken by Licensor, or (iii) in connection with any actions undertaken by Licensor other than at Licensee’s request.

  • If the manufacture, use, sale, offer for sale or importation of any Compound or any Product pursuant to this Agreement results in a claim, suit or proceeding alleging patent infringement against XenoPort or Xanodyne (or, to the extent applicable, their respective Affiliates or licensees) (collectively, "Product Infringement Actions"), such Party shall promptly notify the other Party hereto in writing.

  • For purposes of Section 11, the Party that defends the Infringement Claim and/or Infringement Actions (as defined below in Section 11.3.2(b)) shall be referred to as the “Controlling Party”.

  • Cynosure shall keep El En informed on a current basis of the status and progress of any such Trademark Infringement Actions, including by promptly providing El En with copies of any and all pleadings as they become available to Cynosure or its counsel.

  • Indivior shall have the first right, but not the obligation, to institute and prosecute Indivior Infringement Actions, including the right to settle such Indivior Infringement Actions pursuant to Section 11.3.2(d).


More Definitions of Infringement Actions

Infringement Actions has the meaning set forth in Section 6.10(b).

Related to Infringement Actions

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Infringement has the meaning set forth in Section 6.3(a).

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • clinical investigation means any systematic investigation in one or more human subjects, undertaken to assess the safety or performance of a device;

  • Third Party Intellectual Property Rights means any Intellectual Property owned by a third party.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;