IP Dispute definition

IP Dispute has the meaning set forth in Section 15.16(f).

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IP Dispute means any assertion, action, suit or proceeding with respect to intellectual property brought by a Third Party against a member of the Orbitz Affiliated Group.

IP Dispute means a Dispute relating to the ownership or enforcement of intellectual property rights.

Examples of IP Dispute in a sentence

• Notwithstanding the foregoing, no Dispute concerning a party’s or a third party’s rights in or to intellectual property protected in accordance with Federal law (an IP Dispute”) shall be subject to arbitration and any such IP Dispute may be filed only in a federal court of competent jurisdiction, subject to the obligation to participate in Negotiations, as set forth herein.

• For the avoidance of doubt, neither party shall be liable for losses, damages, costs and expenses incurred by the other party as a result of an IP Dispute unless expressly provided in this Section 9.4; provided that the provisions of this Section 9.4 shall not limit the rights of Buyer to bring a claim for a breach of the representations and warranties contained in Section 3 for a breach as of the date of this Agreement.

• If a Dispute (other than an IP Dispute defined in Section 15.4) cannot be settled according to Section 15.1 (Dispute Escalation), the Parties agree to good faith efforts to settle the controversy by mediation.

• You may not communicate with any Person other than us and our counsel in connection with any IP Dispute.

• In event of any dispute relating to IP, the same shall be referred to Chairman of the IP Dispute Resolution Panel (IP-DRP).

• In the event that Seller, any Subsidiary, Buyer and/or any Buyer Designee is notified or in any other way becomes aware of an IP Dispute and/or the commencement of legal action by a Third Party with respect to an IP Dispute, Seller or Buyer, as the case may be, promptly shall send written notice of such IP Dispute to the other party, provided, however, that failure to give such notice shall not relieve such party of any liability hereunder unless the other party has suffered prejudice by such failure.

• You and we shall equally share the costs of responding to any IP Dispute within your Membership Area.

• Each party shall bear all the fees, internal and external costs and expenses incurred by such party in connection with the conduct of such IP Dispute in connection with any IP Liability (including such party’s attorney’s and court fees) and such fees, costs and expenses shall not constitute IP Liabilities for the purposes of this Agreement.

• We have sole discretion in deciding what action, if any, to take in response to the IP Dispute.

• If a Dispute (other than an IP Dispute) cannot be settled in according to Section 15.2 (Mediation), the Parties agree to submit any dispute to arbitration to be administered by the International Chamber of Commerce (“ICC”) (or any like organization successor thereto) in accordance with the Rules of Arbitration (“Rules”) of the ICC and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

More Definitions of IP Dispute

IP Dispute means (a) [***], (b) [***], (c) [***], and (d) [***].

IP Dispute means any claims, demands, dispute and/or legal action solely to the extent in respect of the operation of the Wireline Communications Business (excluding for the avoidance of doubt in respect of manufacturing by Seller or its Affiliates) prior to, on or after the Closing Date, which have been or will be raised, initiated against or notified to Seller, any Subsidiary, Buyer and/or any Buyer Designee by a Third Party and which relate to or arise out of any alleged infringement by the operation of the Wireline Communications Business (excluding for the avoidance of doubt in respect of manufacturing by Seller or its Affiliates) of any Proprietary Information of such Third Party or of any other Third Party through any act or omission of the notifying Third Party or the Seller, any Subsidiary, Buyer and/or any Buyer Designee.

IP Dispute has the meaning set forth in Section 16.15. 1.51 “Joint Steering Committee” or “JSC” has the meaning set forth in Section 3.1. 1.52 “Latent Defect” has the meaning set forth in Section 6.2.2. 1.53 “LONZA New IP” has the meaning set forth in Section 11.1.2. 1.54 “LONZA Operating Documents” means the SOPs, standard manufacturing procedures, raw material specifications, protocols, validation documentation, and supporting documentation used by LONZA, such as those pertaining to environmental monitoring within a suite or otherwise in the Facility, for operation and maintenance of the Facility generally and LONZA equipment used in general in the process of producing Product, excluding any of the foregoing that are or were unique to or specifically developed for the Process and for the manufacture or supply of Product. 1.55 “LONZA Parties” has the meaning set forth in Section 15.2. 1.56 “Losses” has the meaning set forth in Section 15.1. 1.57 “Master Production Record” has the meaning set forth in Section 4.1. 1.58 “Materials” has the meaning set forth in Section 5.8. 1.59 “Minimum Binding Order” has the meaning set forth in Section 7.6. 1.60 “Minimum Supply Period” means, [***], provided that if CLIENT contributed to the costs or expenses of building out [***]. 1.61 “Mitigation Proceeds” has the meaning set forth in Section 16.16. 1.62 “MPC” means any allogenic mesenchymal precursor cells selected for, or a population of such cells that has been enriched for STRO-1 and/or STRO-3.

IP Dispute means any circumstance where a customer of Respondent has (1) directly or indirectly asserted or threatened to assert any patent, copyright or trade secret right concerning computer technology against Respondent or any other customer of Respondent where the asserted infringement relates to a product supplied by Respondent; or (2) refused a request by Respondent to license or otherwise convey the rights to a patent, copyright or trade secret right to Respondent.

IP Dispute shall have the meaning set forth in Section 13.3(d).