Patent Assertion definition

Patent Assertion means either: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of a Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, ac- tion or proceeding in a judicial, administrative or other governmental body based on a claim of Infringement of such Patent.
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Patent Assertion means either of the following assertions of rights under a Patent against a third party: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent. For the avoidance of doubt, and notwithstanding the foregoing, the following shall not be considered a Patent Assertion by a first Entity: (1) assertion of a claim or counterclaim or institution of an action or proceeding by such first Entity, in each case to establish the invalidity, non-Infringement or unenforceability of a Patent, including but not limited to a declaratory judgment action, in response to a Patent Assertion of such Patent against such first Entity, (2) institution of a reexamination proceeding or other post-grant challenge of a Patent in a patent office, whether or not in response to a Patent Assertion of such Patent against such first Entity, (3) providing a claim chart or other demonstration that a Patent of such first Entity may cover one or more Products and Services of a second Entity in the course of cross-license negotiations with such second Entity, and (4) asserting or instituting a claim, action or proceeding for Infringement in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, against a second Entity or its Affiliate in response to a claim of Infringement made in a Patent Assertion brought by the second Entity or its Affiliate against the first Entity or its Affiliate, or against another Entity based upon alleged Infringement by any of the first Entity’s or its Affiliate’s Products and Services, provided (i) that such claim by the first Entity is asserted at any time as a counterclaim in the same Patent Assertion filed by the second Entity or its Affiliate or (ii) such action or proceeding is filed within two (2) years after the first filing of the Patent Assertion by the second Entity or its Affiliate.
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Patent Assertion means either of the following assertions of rights under a Patent against another Entity: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent.
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Examples of Patent Assertion in a sentence

  • Patent Assertion and US Innovation (June 2013), http://www.whitehouse.gov/sites/ default/files/docs/patent˙report.pdf (accessed Dec.

  • Solutions to the Non-Practicing Entity Patent Assertion Problem: The Risks for Biotechnology and Pharmaceuticals, 39 DEL.

  • Public Workshops: Patent Assertion Entity Activities, U.S. DEP’T OF JUSTICE & FED.

  • Press Release, Federal Trade Commission, FTC Settlement Bars Patent Assertion Entity From Using Deceptive Tactics (Nov.

  • Trade Comm’n, FTC Seeks to Examine Patent Assertion Entities and Their Impact on Innovation, Competition (Sept.

  • Colleen Chien, Patent Assertion and Startup Innovation, New America Foundation (Sept.

  • Ginsburg, Patent Assertion Entities and Antitrust: A Competition Cure for a Litigation Disease?, 79 ANTITRUST L.J. 501, 505, 19 (2014).

  • Patent Assertion Entities (PAEs) are companies whose business model is to acquire patents and assert them against companies that sell products.

  • The Republic of Marshall Islands (RMI), Federated States of Micronesia (FSM) and the Republic of Palau, collectively known as the Freely Associated States (FAS) were formerly parts of the Trust Territory of the Pacific Islands established by the United Nations following World War II.

  • The history of the laser might encourage scholars who claim that Patent Assertion Enti- ties (PAEs) frustrate innovation through expensive litigation to reconsider their claims.


More Definitions of Patent Assertion

Patent Assertion means either of the following assertions of rights under a Patent against a third party, other than a Defensive Patent Claim: (i)asserting a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, and/or (ii) the commencement or pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent. For the avoidance of doubt, the following shall not be considered a Patent Assertion by an Entity: (i) assertion of a claim or counterclaim or institution of an action or proceeding by such Entity to establish the invalidity, non-Infringement or unenforceability of a Patent, including but not limited to a declaratory judgment action, in response to a Patent Assertion of such Patent against such Entity, (ii) institution of a reexamination proceeding or other post-grant challenge of a Patent in a patent office, whether or not in response to a Patent Assertion of such Patent against such Entity, and(iii) providing a claim chart or other demonstration that a Patent of such Entity may cover one or more Products and Services of another Entity in the course of cross-license negotiations with such other Entity.
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Patent Assertion means any of the following assertions of rights under a Patent against another Person (a) a written demand, allegation or assertion of a claim of infringement or an invitation to license, that would lead a recipient to understand that such demand, allegation, or assertion or refusal of such invitation will likely result in a claim, action, or proceeding in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission for infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation (a “Filed Claim”), or (b) the commencement or subsequent pursuit of a Filed Claim.
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Patent Assertion means (1) asserting by written or oral demand a claim of patent infringement for the primary purposes of deriving royalties or other monetary compensation under the patent or (2) the commencement of subsequent pursuit of a claim, action, or proceeding in a judicial, administrative, or other governmental body based on a claim of patent infringement.
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Related to Patent Assertion

  • 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.

  • 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.

  • 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.

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

  • Joint Patents means all Patents claiming any Joint Invention.

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

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

  • 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.

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

  • Patent Application means an application for patent protection for a CRADA Subject Invention with the United States Patent and Trademark Office (“U.S.P.T.O.”) or the corresponding patent-issuing authority of another nation.

  • 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.

  • 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).

  • 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.

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

  • 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.

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

  • 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.

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

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

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

  • 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.

  • 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.

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

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

  • Competitive Infringement has the meaning set forth in Section 7.5.1.

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.