Issued Claim definition

Issued Claim means a claim in a patent that has been granted, regardless of whether such claim has thereafter expired or otherwise ceased to be enforceable, provided that Issued Claim shall not include any such claim that has been held unenforceable in a final and unappealable decision by a court of competent jurisdiction due to inequitable conduct.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Issued Claim means an unexpired claim of an issued patent which has not been found to be unpatentable, invalid or unenforceable by an unreversed and unappealable decision of a court or other authority in the subject country.

Issued Claim means a claim of an issued patent or patent application claiming the LICENSED INTELLECTUAL PROPERTY that has not been held unenforceable, unpatentable or invalid by a decision of a court or government agency of competent jurisdiction, unappealable or unappealed within the time allowed to appeal, and which has not been admitted to be invalid or unenforceable through re-issue, re-examination, disclaimer or otherwise.

Examples of Issued Claim in a sentence

In no event shall the applicable Commercializing Party (or its Sublicensee) be obligated to make more than one Royalty Payment with respect to a given sale of a Licensed Product, even if such Licensed Product contains more than one Collaboration Compound, or such Licensed Product is Covered by more than one Valid Issued Claim or Valid Pending Claim in the Royalty-Bearing Patents.
For any country, in which there is, at the time of sale of the applicable NIPT IVD Product, a Valid Issued Claim in such country covering that NIPT IVD Product, Illumina shall pay Sequenom a royalty of […***…] of Net IVD Sales of such NIPT IVD Product sold by Illumina and its Affiliates during the Patent Royalty Term in the NIPT IVD Field in such country.
After the first of; two years after the Effective Date; or the issuance of a Valid and Issued Claim in the relevant territory, Licensee will pay a running royalty equal to [**]% of Net Sales for Licensed Product(s) Sold by Licensee or Affiliate that are covered by valid claims of the Licensed Patents [**] or divisionals, continuations, reissues, and reexaminations thereof.
In consideration for the LICENSES granted under Article 2.1, LICENSEE shall pay a royalty to LICENSOR of [***] percent ([***]%; [***]% for Licensed Patents/Licensed Invention and [***]% for both Licensed Data and Licensed Materials, collectively) of the Net Selling Price for each Royalty-Bearing Product made, used or sold by LICENSEE or its licensed Affiliates in the Licensed Territory until the expiration of a Valid Issued Claim.
Following the expiration of a Valid Issued Claim or in the event that a Valid Issued Claim does not grant in a particular country, LICENSEE shall pay a royalty of [***] percent ([***]%) for each Royalty-Bearing Product made, used, or sold by LICENSEE or its licensed Affiliates that includes Licensed Materials or relies on Licensed Data.
This Agreement shall expire upon the expiration of the last Valid Issued Claim in the United States or Europe.

More Definitions of Issued Claim

Issued Claim has the meaning set forth in Clause 10.1 (Survival of Representations and Warranties);

Issued Claim has the meaning set forth in Section [***].

Issued Claim means a claim of an issued and unexpired patent included within the Patent Rights which has not been held permanently revoked, 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. "Licensed Product(s)" shall mean any product [services] [processes] [the use, development, manufacture, sale or transfer of which] is covered by [2] one or more Issued Claim or Pending Claim of the Patent Rights. "Net Sales" [2a] shall mean the gross amount billed for Licensed Product(s) [Services][Processes][2b], less [3]: (a) customary trade, quantity or cash discounts and brokers’ or agents’ commissions actually allowed and taken; (b) amounts repaid or credited by reason of rejection or return; (c) to the extent separately stated on purchase orders, invoices, or other documents of sale, taxes levied on and/or other governmental charges made as to production, sale, transportation, delivery or use and paid by or on behalf of Licensee; and (d) reasonable charges for delivery or transportation provided by third parties and cost of insurance in transit paid by or on behalf of Licensee, if separately stated. Net Sales also shall include the fair market value of any non-cash consideration received by Licensee for Licensed Products. In any transfers of Licensed Product between Licensee and an Affiliate, the amounts above shall be the amounts that would have been billed and deducted had the transaction been an arms-length transaction with an independent third party. "Pending Claim" shall mean a claim of a pending patent application within the Patent Rights. [4] "Reporting Period" shall mean a six-month period beginning either on January 1st or July 1st and ending on June 30th or December 31st, respectively. "Patent Rights" shall mean the patents and patent applications (including all provisional, nonprovisional, and PCT patent applications, and all national stage and foreign equivalents of the foregoing, accordingly) listed in APPENDIX A, all divisionals and continuations of these patent applications, all patents issuing from these applications, divisionals, and continuations and any reissues, reexaminations and extensions of these patents. [5] "Term" shall mean the term of this Agreement, which shall commence on the Effective Date and shall remain in effect until __...