Infringing Products definition

Infringing Products means the Designated Country Infringing Products and the U.S. Infringing Products.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedSchedule a Demo

Infringing Products means products or services that allegedly infringe one or more Valid Patent Claims.

Infringing Products means "Infringing Products" means – 1.25.1. any Products bearing the Trademarks, manufactured for and rejected by the Company, for any reason whatsoever, in terms of this Agreement; 1.25.2. any products other than the Products, bearing the Trademarks, manufactured by the Supplier, without authorisation from the Company, for any party other than the Company; and 1.25.3. any products other than the Products, bearing trademarks so nearly resembling the Trademarks as to be likely to deceive or cause confusion, manufactured by the Supplier, without authorisation from the Company, for any party other than the Company;

Examples of Infringing Products in a sentence

• If the use of any Products or Services is enjoined (collectively, “Infringing Products”), Supplier shall at its expense procure the right for DXC to continue using or receiving the Infringing Products.

• In the event that DexCom or its designee fails to commence or defend an Enforcement Action with respect to Infringing Products in the Territory within [***] of a request by Verily to do so (or such shorter period as is necessary to bring and maintain such action), Verily or its designee may commence an Enforcement Action with respect to such Infringing Products at its own expense.

• Notwithstanding the above, Supplier will not be relieved of any liability for any delay or failure to perform its defense obligations with respect to third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Article 14 above.

• If the use of any Products or Services is enjoined (collectively, “Infringing Products”), Supplier shall at its expense procure the right for DXCs to continue using or receiving the Infringing Products.

• To avoid doubt, this Section 9.6 will not apply in the event that the alleged infringement arose, in whole or in part, from an unauthorised modification, in any way or form, of any component of the Infringing Products by the other party.

• Once these Infringing Products have been rejected by the Company, the Supplier will be obliged to destroy such Infringing Products and provide proof of destruction to the Company.

• Notwithstanding the above, Supplier will not be relieved of any liability for any delay or failure to perform its defense obligations with respect to third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Article 12 above.

• Failure to cease use after notification shall be considered a material breach of this Agreement and without prejudice to any other remedy available under this Agreement, NXP will be allowed to remove User and/or Infringing Products from ▇▇▇▇▇▇.▇▇▇.

• Any Products bearing the Trademarks, manufactured for the Company in terms of this Agreement, which do not meet the Specifications and/or AQL, will automatically be deemed to be Infringing Products, notwithstanding that the Company may not yet have rejected such Products in terms of this Agreement.

• The Company will instruct the Supplier on the purchase and/or upliftment and/or destruction of such Infringing Products.