McDATA Patents definition

McDATA Patents means, except as to the joint patents between McDATA and [*] (US Patent Application Serial Numbers [*] and [*]) which patent applications are directly related to the products jointly developed by McDATA for [*] referenced in the Agreement between McDATA and BROCADE dated March 26, 1998, the existing McDATA patents and patent applications as of April 1, 1998 whose claims would be infringed by the manufacture, use, sale, offer for sale, import or other disposition of Fibre Channel-based Products; including without limitation all foreign counterparts issued or issuing on such patents or patent applications. It is understood that the license set forth in Section 11.2 is not contingent upon actual practice of the McDATA Patents during the Patent Term.
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McDATA Patents means, except as to the joint patents between McDATA and [*] (US Patent Application Serial Numbers [*] and [*]) which patent applications are directly related to the products jointly developed by McDATA for [*] referenced in the Agreement between McDATA and BROCADE dated March 26, 1998, the existing McDATA patents and patent applications as of April 1, 1998 whose claims would be infringed by the manufacture, use, sale, offer for sale, import or other disposition of Fibre Channel-based Products; including without limitation all foreign counterparts issued or issuing on such patents or patent applications. It is understood that the license set forth in Section 11.2 is not contingent upon actual practice of the McDATA Patents during the Patent Term. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omissions.
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McDATA Patents means all patents throughout the world owned by McDATA: (i) issued or issuing on a patent or patent application entitled to an effective filing date prior to the Effective Date; and (ii) under which McDATA or a McDATA Affiliated Company has, as of the Effective Date, the right to grant licenses, covenants or releases to EMC or an EMC Affiliated Company without such grant or exercise of such license, covenant or release to EMC or an EMC Affiliated Company resulting in the payment of royalties or other consideration by McDATA or a McDATA Affiliated Company. McDATA Patents shall also include any patent issuing on a patent application which is a division, continuation, continuation-in-part (only as to those claims that have a priority date on or before the Effective Date), or reissue of any of the aforesaid patents or patent applications.
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Examples of McDATA Patents in a sentence

  • BROCADE acknowledges and agrees that McDATA is and shall remain the sole owner of the McDATA Patents and the McDATA Know-how and that BROCADE has no rights in or to the McDATA Patents or the McDATA Know-how other than the license set forth herein.

  • McDATA Patents shall also include any patent issuing on a patent application which is a division, continuation, continuation-in-part (only as to those claims that have a priority date on or before the Effective Date), or reissue of any of the aforesaid patents or patent applications.

Related to McDATA Patents

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • 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).

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

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

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • 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.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • 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.

  • Existing Patents has the meaning set forth in Section 10.2.1.

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

  • Product Technology means the Product Know-How and Product Patents.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

  • Licensed Technology means the Licensed Patents and the Licensed Know-How.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.