Patent Dispute definition

Patent Dispute is defined in Section 20.6.1 (Choice of Law).

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Patent Dispute means any challenge to the validity or enforceability of a Patent by commencing any opposition proceeding, post-grant review, inter partes review, or declaratory action, or any foreign equivalent thereof, in any court, arbitration proceeding, or other tribunal, including the United States Patent and Trademark Office and any foreign counterpart thereof.

Patent Dispute means the inventorship dispute between the Regents of the University of California and the University of Pittsburgh concerning U.S. Patent Number 6,777,231 B1, including, without limitation, the claim filed by the University of Pittsburgh with the Central District of California, Case No. CV-04-9014, entitled Complaint for Correction of Inventorship under 35 USC Sections 1 and 256, against some of the named inventors of U.S. Patent Number 6,777,231.

Examples of Patent Dispute in a sentence

• For any preliminary, interim or conservatory measures or any Patent Dispute (other than any Patent Dispute that must be resolved before any administrative agency or a court of a jurisdiction outside of the USA), Customer and Dedrone each consent to the non-exclusive personal jurisdiction of the state or federal courts located in San Francisco, California, USA and each hereby waive any claim of forum non conveniens or that such venue is inappropriate.

• Each party shall promptly notify the other party upon learning of any Infringement Allegation or Licensed Patent Dispute.

• Any such adjustment shall remain in effect until such time as the Patent Dispute is finally resolved in a manner acceptable to Licensee or the royalty is no longer imposed in connection with the sale of the Device, as the case may be.

• Any order or award in a Patent Dispute which is not an Appealable Award may be confirmed and enforced in any court of competent jurisdiction pursuant to the Federal Arbitration Act.

• Notwithstanding the foregoing, the Parties agree that any Patent Dispute shall be submitted to a court of competent jurisdiction or applicable Governmental Authority (including applicable intellectual property office) with sufficient authority to resolve such Patent Dispute.

• An Injunction Order or final award entered in a Patent Dispute (collectively hereinafter an "Appealable Award"), in addition to being reviewable under the Federal Arbitration Act, shall be reviewable on the same grounds and to the same extent as if the reviewing court were the United States Court of Appeals for the Federal Circuit ("Federal Circuit") reviewing an order or judgment of a United States District Court, in accordance with the procedure set forth in section 20(v) below.

• In the event the Parties are in disagreement regarding the ability to file a proposed divisional or continuation application as set forth in Section 8.1, such dispute (a “Patent Dispute”) shall be finally, exclusively and conclusively settled by mandatory arbitration administered by the AAA in accordance with the Rules and as otherwise described in this Section 8.2. The Patent Dispute shall be heard and determined by one independent arbitrator.

• Such officers shall be required to discuss a resolution of such Patent Dispute within thirty (30) days of referral of the Patent Dispute to them by the Patent Committee.

• If the Parties are unable to resolve a Patent Dispute in writing using the process described in Section 14.1, then the Patent Dispute shall be submitted for resolution to a court of competent jurisdiction.

• If the Minimum Quarterly Payment is reduced as result of a Patent Dispute such reduction shall only affect the Minimum Quarterly Payment prospectively.

More Definitions of Patent Dispute

Patent Dispute has the meaning set forth in Section 14.1.

Patent Dispute shall have the meaning set forth in Section 8.2.