Invalidity or Unenforceability Action definition

Invalidity or Unenforceability Action means, with respect to any Patent claim, any written allegation of invalidity or unenforceability of such Patent claim by a Third Party, including (a) in a declaratory judgment action; (b) as a defense or counterclaim to a suit or other action enforcing such Patent; or (c) in any proceeding originating in a patent office, including any opposition proceeding, inter partes review proceeding, post grant review proceeding, interference proceeding, reissue proceeding, reexamination proceeding or other post-grant proceeding originating in a patent office.
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Invalidity or Unenforceability Action means, with respect to a Patent, any alleged or threatened assertion of invalidity or unenforceability of such Patent that is made outside of a proceeding recited in clause (b) of the definition of “Prosecution Activities”.
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Examples of Invalidity or Unenforceability Action in a sentence

  • Sanofi shall have the first right, but not the obligation, to defend any Invalidity or Unenforceability Action with respect to any Principia Program Patent, using counsel of its own choice.

  • If such Invalidity or Unenforceability Action is with respect to Program Claims that claim or cover an Optioned Molecule or Optioned Product or its exploitation, and a Patent Litigation Committee has not already been established, the Parties shall establish the Patent Litigation Committee as set forth in Section 10.4(b) within […***…] Business Days of such notice.

  • If an Invalidity or Unenforceability Action with respect to a Joint Patent arises as a counterclaim to an enforcement action initiated pursuant to Section 6.4(b), then the enforcing Party with respect to such Joint Patent shall have the first right, but not the obligation, to defend such Invalidity or Unenforceability Action, using counsel of its own choice.

  • If either Party becomes aware of any Invalidity or Unenforceability Action with respect to any Galapagos Patent, Joint Collaboration Patent or Gilead Collaboration Patent, then such Party shall promptly notify the other Party in writing thereof and provide evidence in such Party’s possession with respect thereto.

  • With respect to the defense of any Invalidity or Unenforceability Action controlled by a Party pursuant to Section 10.5(b)(ii), such Party shall be solely responsible for all Patent Costs incurred by such Party in connection with such defense, and any Patent Costs incurred by the other Party or any of its Affiliates in connection with any cooperation requested by such Party with respect to such defense.

  • Principia shall have the first right, but not the obligation, to defend any Invalidity or Unenforceability Action with respect to any Principia Non-Program Patent, using counsel of its own choice.

  • If any Invalidity or Unenforceability Action with respect to any Galapagos Patent or Gilead Collaboration Patent is brought as a defense or counterclaim to a suit or other action enforcing such Patent under Section 10.5(b)(i), then all Patent Costs incurred by either Party in connection with defending such Invalidity or Unenforceability Action shall be allocated in accordance with Section 10.4(h).

  • Subject to Section 10.5(b)(i), Galapagos shall have the sole right and authority, but not the obligation, to defend any Invalidity or Unenforceability Action with respect to each claim in a Galapagos Patent and Joint Collaboration Patent that is not a Program Claim claiming or covering an Optioned Molecule or Optioned Product.

  • If the Party with the first right to defend any Invalidity or Unenforceability Action under this Section 6.5(b) elects not to defend such action, then such Party shall so notify the other Party in writing, and such other Party shall have the right, but not the obligation, to defend such action, at such other Party’s expense.

  • Each Party shall provide to the Party defending any Invalidity or Unenforceability Action with respect to any Program Claim under this Section 10.5 all reasonable assistance in such defense, at such defending Party’s request and expense.

Related to Invalidity or Unenforceability Action

  • Invalid means one who is physically or mentally incapacitated.

  • Illegality has the meaning specified in Section 5(b).

  • Ineffective means that the specialist has received two (2) or fewer Satisfactory Component ratings out of the five (5) components in accordance with the Appraisal Criteria in 5.0.

  • Enforceability Limitations means limitations on enforcement and other remedies imposed by or arising under or in connection with applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, and other similar Laws relating to or affecting creditors’ rights generally from time to time in effect or general principles of equity (including concepts of materiality, reasonableness, good faith, and fair dealing with respect to those jurisdictions that recognize such concepts).

  • invalid carriage means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person;

  • Illegality Event means that:

  • Provision in relation to the Act, means words or other matter that form or forms part of the Act, and includes:

  • Illegality Notice has the meaning specified in Section 3.02.

  • Invalid Drug Test means the result of a drug test for an oral fluid specimen that contains an unidentified adulterant, or an unidentified substance, that has abnormal physical characteristics, or that has an endogenous substance at an abnormal concentration preventing the laboratory from completing or obtaining a valid drug test result.

  • Validity means being:

  • General Enforceability Exceptions has the meaning set forth in Section 4.1.

  • substantive provisions , in relation to an old Act, means the provisions of the old Act other than those dealing with matters dealt with in the Taxation Administration Act 2003.

  • Other Provisions As specified in the Preliminary Prospectus Supplement dated September 9, 2015 relating to the Securities. Securities Exchange: The Series O Notes will not be listed on any exchange. Ratings: See Annex B Closing Date and Delivery Date: September 14, 2015 Closing Location: DLA Piper LLP (US) 0000 Xxxxx Xxxxxx Baltimore, Maryland 21209-3600 Address for Notices to Underwriters: X.X. Xxxxxx Securities LLC 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Facsimile: (000) 000-0000 Attention: Investment Grade Syndicate Desk U.S. Bancorp Investments, Inc. 000 Xxxxx Xxxxx Xxxxxx, 26th Floor Charlotte, North Carolina 28202 Xxxxx Fargo Securities, LLC 000 Xxxxx Xxxxx Xxxxxx, 5th Floor Charlotte, North Carolina 28202 Facsimile: (000) 000-0000 Attention: Transaction Management Representatives: X.X. Xxxxxx Securities LLC U.S. Bancorp Investments, Inc. Xxxxx Fargo Securities, LLC Underwriting Agreement: June 9, 2006 Registration Statement No.: 333-202172 Title of Securities: 3.750% Series P Notes due 0000 Xxxxxxxxx principal amount: $350,000,000 Price to Public: 98.876% of the principal amount of the Series P Notes, plus accrued interest, if any, from September 14, 2015 Underwriting Discount: 0.650% Indenture: Indenture dated as of November 16, 1998 between Marriott International, Inc. and The Bank of New York Mellon, as successor to JPMorgan Chase Bank, N.A., formerly known as The Chase Manhattan Bank, as trustee Date of Maturity: October 1, 2025 Interest Rate: 3.750% per annum, payable semiannually. Interest Payment Dates: April 1 and October 1, commencing April 1, 2016 CUSIP: 571903 AP8 Redemption Provisions: The Series P Notes may be redeemed in whole or in part from time to time prior to July 1, 2025 (three months prior to the maturity date of the notes), at the issuer’s option, at a redemption price equal to the greater of (1) 100% of the principal amount of the Series P Notes being redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest (not including accrued interest as of the redemption date) on the Series P Notes to be redeemed, discounted to the redemption date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate (the yield to maturity of the United States Treasury security, selected by a primary U.S. government securities dealer, having a maturity comparable to the remaining term of the Series P Notes being redeemed) plus 25 basis points, plus, in each case, accrued and unpaid interest on the Series P Notes to the redemption date. The Series P Notes may be redeemed in whole or in part from time to time on or after July 1, 2025 (three months prior to the maturity date of the notes), at the issuer’s option, at a redemption price equal to 100% of the principal amount of the notes being redeemed, plus any accrued and unpaid interest on the notes being redeemed to the redemption date.

  • Inoperative means a status of licensure where the

  • invalid carriage or other vehicle means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

  • Interpretation Act means the Interpretation Act (British Columbia) from time to time in force and all amendments thereto and includes all regulations and amendments thereto made pursuant to that Act;

  • Competent Court of Law means any court or tribunal or any similar judicial or quasi- judicial body in India that has jurisdiction to adjudicate upon issues relating to this Agreement;

  • Do-not-resuscitate order means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1052.

  • Competent means the ability of an offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation.

  • Governing Law This Agreement is governed by, and shall be construed in accordance with, English law.

  • Interpretation or “Interpreting” means the process of translating communication between hearing individuals, who communicate in spoken language, and individuals who communicate in sign language. Interpreters must be able to listen to an individual’s words, inflections, and intent and simultaneously render them into sign language using the mode of communication preferred by the Customer. The Interpreter must also be able to comprehend the signs, inflections, and intent of the Customer and speak them in articulate, appropriate English.

  • provisions means "provisions, terms, agreements, covenants and/or conditions"; (iii) "lien" shall mean "lien, charge, encumbrance, title retention agreement, pledge, security interest, mortgage and/or deed of trust"; (iv) "obligation" shall mean "obligation, duty, agreement, liability, covenant and/or condition"; (v) "any of the Leased Premises" shall mean "the Leased Premises or any part thereof or interest therein"; (vi) "any of the Land" shall mean "the Land or any part thereof or interest therein"; (vii) "any of the Improvements" shall mean "the Improvements or any part thereof or interest therein"; (viii) "any of the Equipment" shall mean "the Equipment or any part thereof or interest therein"; and (ix) "any of the Adjoining Property" shall mean "the Adjoining Property or any part thereof or interest therein".

  • void means invalid with no result.

  • Substantive document means a document or other information or data in electronic media determined by the comptroller to substan- tially involve or include information or data significant to an applica- tion, the evaluation or consideration of an application, or the agree- ment or implementation of an agreement for limitation of appraised value pursuant to Tax Code Chapter 313. The term includes, but is not limited to, any application requesting a limitation on appraised value and any amendments or supplements, any economic impact evaluation made in connection with an application, any agreement between applicant and the district and any subsequent amend- ments or assignments, any district written finding or report filed with the comptroller as required under 34 Administrative Code Chapter 9, Subchapter F; and any completed annual eligibility re- port (Form 50-772A) submitted to the comptroller. The term shall

  • similar stage of construction means the stage at which:

  • Substantive means comments that contribute something new and hopefully important to the discussion. Thus a message that simply says “I agree” is not substantive. A substantive comment contributes a new idea or perspective, a good follow-up question to a point made, offers a response to a question, provides an example or illustration of a key point, points out an inconsistency in an argument, etc.