Necessary Claim definition

Necessary Claim means a claim of a patent or patent application throughout the world that (a) is owned or controlled by a Participant or its Affiliates now or at any future time; and (b) is necessarily infringed by implementing one or more required elements of a Specification, as set forth in detail in such Specification, wherein a claim is necessarily infringed only when it is not possible to avoid infringing the claim because there is no non-infringing alternative for implementing such relevant portions of the Specification. Notwithstanding the foregoing sentence, Necessary Claims do not include (i) any claims other than those set forth above even if contained in the same patent or patent application as a Necessary Claim; (ii) use of other published specifications developed elsewhere but referred to in the Specification; or (iii) any enabling or other technology that may be useful in connection with a product or service that complies with the Specification but is not expressly set forth in or inherently required by the Specification.

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Necessary Claim means a claim, but only such claim, in a Patent which is necessarily infringed by a Compliant Portion of a Final AVS Standard under the laws of the country that issued or published the Patent.

Necessary Claim means a claim of an unexpired patent that: (a) is owned by Mastercard; and (b) is necessarily infringed by implementing a Service API in accordance with the relevant Mastercard Developers Materials. A claim is necessarily infringed only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the Service API in accordance with the Mastercard Developers Materials.

Examples of Necessary Claim in a sentence

If at any time prior to the time that the draft Program is declared to be at final approval (as defined in the Rules of Procedure) a Participant shall become aware that either it, or one of its Related Parties, Owns a Necessary Claim or Claims that it is unwilling to License under RAND, (which shall not include any Necessary Claim or Claims under its own Contribution(s)), it shall identify such Necessary Claim(s), and the portion(s) of the Draft Software that would result in such infringement.
If Executing Entity or its Affiliate (i) initiates or becomes an adverse party to a legal action against AACS LA for patent infringement involving a Necessary Claim or Relatively Necessary Claim or infringement of copyrights or trade secrets of Executing Entity or its Affiliate contained in the Specifications or (ii) breaches Section 2.6.5, AACS LA, at AACS LA’s option, may suspend the foregoing license with respect to Executing Entity and its Affiliates.
If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such manufacturer, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.6.1 with respect to such have made manufacturer.
If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such manufacturer, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.1 with respect to such have made manufacturer.
If a have made party directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such entity, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such have made party.
If Executing Entity or its Affiliate (i) initiates or becomes an adverse party to a legal action against AACS LA for patent infringement involving a Necessary Claim or Relatively Necessary Claim or infringement of copyrights or trade secrets of Executing Entity or its Affiliate contained in the Specifications, or (ii) breaches Section 2.4.6, AACS LA, at AACS LA’s option, may suspend the foregoing license with respect to Executing Entity and its Affiliates.
Except as otherwise expressly agreed between parties, a licensor may suspend any license granted to a particular licensee pursuant to this Policy if that licensee or its Affiliate initiates litigation against the licensor or its Affiliate that alleges infringement of a Necessary Claim in connection with an OMA3 Specification.
If Adopter or its Affiliate (i) initiates or becomes an adverse party to a legal action against AACS LA for patent infringement involving a Necessary Claim or Relatively Necessary Claim or infringement of copyrights or trade secrets of Adopter or its Affiliate contained in the Specifications or (ii) breaches Section 2.6.5, AACS LA, at AACS LA’s option, may suspend the foregoing license with respect to such Adopter and its Affiliates.
If a Have Made Entity directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such entity, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under this section with respect to such Have Made Entity.
If, during the Term, Philips discovers a Philips Wireless Power Patent that includes a Necessary Claim which is not listed on Annex B1, then Philips shall add such Patent to Annex B1.

More Definitions of Necessary Claim

Necessary Claim is any claim in a patent in any jurisdiction that would necessarily be infringed by a compliant implementation of the Specification. A claim is necessarily infringed only when it is impossible to avoid infringing it, because there is no non-infringing alternative for implementing the normative portions of the Specification. All other claims, even if contained in the same patent as Necessary Claims, are not Necessary Claims. Claims which would be infringed only by portions of an implementation that (a) are not expressly specified in the normative portions of the Specification, or (b) are out of Scope, are not Necessary Claims.

Necessary Claim mean those claims of all patents and patent applications, other than design patents and design registrations, throughout the world which (a) a Member or its Affiliates has the right, at any time during the term of this Agreement, to grant licenses of the nature agreed to be granted herein without such grant resulting in payment or royalties or other consideration to third parties (except for payments to Affiliates or to employees within the scope of their employment); and (b) are infringed by a commercially reasonable implementation of a Final Specification. Necessary Claims do not include (i) any claims other than those set forth above even if contained in the same patent as Necessary Claims, or (ii) any claims that read on any implementation of the Final Specification to the extent that such implementation is not within the bounds of the Final Specification.