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IP Infringement Claim definition

IP Infringement Claim means a claim, demand or action by a third party for
IP Infringement Claim means a claim or allegation that any Item, any Product that is incorporated into an Item, or the use of any Item in a Vehicle or Product for such Item’s intended purpose infringes a third-party’s intellectual property right (a) in the United States, Canada, Mexico, the European Union, or Japan; and (b) in another jurisdiction if Supplier has knowledge or notice of the actual or alleged infringement in that other jurisdiction at any time and fails to promptly disclose it to a Toyota Party in a manner and at a time that allows such Toyota Party to adequately respond to any such claim.

Examples of IP Infringement Claim in a sentence

  • The Agency shall not pay or agree to pay any IP Infringement Claim or make an admission which may be prejudicial to the defence or settlement of any IP Infringement Claim.

  • The Contractor shall at its own expense conduct all negotiations and any litigation arising in connection with any IP Infringement Claim provided always that the Contractor: shall consult the Agency on all substantive issues which arise during the conduct of such litigation and negotiations; shall take due and proper account of the interests of the Agency; and shall not settle or compromise any claim without the prior Approval of the Agency.

  • The Party initiating suit with respect to an Adamas IP Infringement Claim shall, subject to Sections 7.4(b) and 7.4(d), have the sole and exclusive right to select counsel for, and otherwise control, any suit initiated by it pursuant to Section 7.4(b) or 7.4(c).

  • The Contractor shall not, however, be required to indemnify the Agency in relation to any costs and expenses incurred in relation to or arising out of an IP Infringement Claim which relates to a claim arising from items or materials supplied by the Agency or which the Agency has specified for use by the Contractor.

  • The Agency shall at the request of the Contractor afford to the Contractor all reasonable assistance for the purpose of contesting any IP Infringement Claim.

  • Currently university incubators and technology transfer offices stimulate USOs to focus on their core activity, to pursue successful NPD, and consultancy is perceived as a distraction from the core activity that impedes NPD.

  • The Authority shall notify the Contractor in writing of any IP Infringement Claim brought against the Authority in materials supplied or licensed by the Contractor.

  • The Authority shall not pay or agree to pay any IP Infringement Claim or make an admission which may be prejudicial to the defence or settlement of any IP Infringement Claim.

  • If Customer markets, sells, resells, or distributes RigStream or any other ZoneVu Service, Customer shall indemnify, defend, and hold harmless Ubiterra from and against any Claim brought by a third party who is a customer of Customer, excluding a ZoneVu I.P. Infringement Claim and excluding a Claim as to which Ubiterra owes indemnification under Section 7.a.

  • The Contractor shall at its own expense conduct all negotiations and any litigation arising in connection with any IP Infringement Claim provided always that the Contractor: shall consult the Authority on all substantive issues which arise during the conduct of such litigation and negotiations; shall take due and proper account of the interests of the Authority; and shall not settle or compromise any claim without the prior Approval of the Authority.


More Definitions of IP Infringement Claim

IP Infringement Claim means any Third Party Claim alleging that the development, manufacture, use or sale of a Product, in each case for the Field, infringes or misappropriates any Intellectual Property Rights of a Third Party.
IP Infringement Claim means any claim suit or proceeding filed against Customer by any third party to the extent that such claim, suit or proceeding asserts that the Intelex Platform infringes any intellectual property rights of such third party in Canada or the United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with performances or actions of Intelex pursuant to this Agreement.
IP Infringement Claim means any third-party claim alleging any unmodified product or Service Fidelity provides and Client uses in a manner consistent with the terms of this MSA infringes any patent, trademark, copyright, trade secret, or other proprietary right of that third party.

Related to IP Infringement Claim

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

  • Third Party Infringement Claim has the meaning set forth in Section 8.7.1.

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

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

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

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

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

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • 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 Claim Notice shall have the meaning set forth in Section 6.5(a).

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

  • Third Party Claim has the meaning set forth in Section 9.5(a).

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • IP Claim means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

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

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • 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).

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Patent Rights means all patents and patent applications (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

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

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

  • Third Person Claim has the meaning specified in Section 11.4(a).

  • 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.

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

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).