Patent Enforcement definition

Patent Enforcement. In the event of any infringement of the Licensed Patents or misappropriation of the Project Know-How, the parties shall consult to determine if they will Jointly bring action to terminate such infringement or misappropriation. Any recovery obtained by the parties in such an action shall be used first to reimburse the cost of such action and the remainder divided equally between the parties. In the event that the parties fail to initiate such action within ninety (90) days of receiving notice of such infringement or misappropriation, ACORDA shall have the right, but not the obligation, to initiate suit to stop such infringement or misappropriation. Any recovery obtained by ACORDA in such an action shall be used first to reimburse the cost of such action, and the remainder shall be retained by ACORDA and treated as net sales of Licensed Product, subject to the royalty obligations to MAYO herein. In the absense of an agreement to institute a suit jointly, and if ACORDA does not initiate such an action within a further ninety (90) days, MAYO may institute a suit for the infringement of the licensed patents, or opposition or interference with respect thereto, or any misappropriation of Project Know-How, or defend any declaratory judgment relating thereto. MAYO shall bear the entire cost of such litigation, including attorneys’ fees, and shall be entitled to retain the entire amount of any recovery by way of judgment, award, decree, arbitration, or settlement. ACORDA shall cooperate reasonably with MAYO, except financially, in such litigation.
Sample 1
Patent Enforcement. USB shall promptly notify RPI of any facts which come to USB's attention indicating that a third party is violating any of the Licensed Patents. RPI shall take whatever action it deems appropriate to enforce the Licensed Patents in its sole discretion and at its expense and shall be entitled to obtain any remuneration recovered as a result thereof subject to fulfilling any obligations of USB to CU and URC under the License Agreement. At the request of RPI, USB shall join in as a party to any enforcement action at RPI's expense provided that any expenses incurred by USB in connection therewith are approved in advance by RPI and are reasonable in amount. USB acknowledges that CU and URC may have certain rights to enforce the Licensed Patents, if RPI does not do so. If both RPI and USB do not enforce the Licensed Patents against a particular infringer, then URC and/or CU may do so in its own name and at its own expense. CU and URC may retain the proceeds of any enforcement action initiated and maintained by them pursuant to the preceding sentence.
Sample 1

Examples of Patent Enforcement in a sentence

  • In 2005, the shareholders of Patent Enforcement and Royalties Ltd.

  • Revelos, Patent Enforcement Difficulties in Japan: Are There Any Satisfactory Solutions for the United States?, 29 GW J.

  • Rooksby, When Tigers Bare Teeth: A Qualitative Study of University Patent Enforcement, 46 AKRON L.

  • In particular, Centry shall ensure that any sub-licence has provisions which secure CPF’s, ICR’s, and CRT’s rights pursuant to Clause 16 (Confidentiality), 11.9 (Patent Enforcement), 13.1 (Indemnity), 18.1 (Effects of Termination).

  • Thomas, Litigation Beyond the Technological Frontier: Comparative Approaches to Multinational Patent Enforcement, 27 LAW & POL’Y INT’L BUS.

  • Wied, Patently Unfair: State Unfair Competition Laws and Patent Enforcement, 12 Harv.

  • If either Party is permitted to (with respect to ALJ) and desires to initiate an Infringement Action under this Section 10.4 (Patent Enforcement) but may not do so due to Applicable Law or regulation (even as the exclusive licensee of such infringed Patent Right), then that Party may join the other Party as a named party in such action or itself initiate such Infringement Action.

  • Lemley, Kent Richardson & Erik Oliver, The Patent Enforcement Iceberg (Dec.

  • Reputations for Toughness in Patent Enforcement: Implications for Knowledge Spillovers Via Inventor Mobility.

  • Weak Patent Enforcement To continue to invest in the research and development of new medicines, biopharmaceutical innovators must be able to effectively enforce patents.

Related to Patent Enforcement

  • law enforcement means the prevention, detection or investigation of terrorist offences or other serious criminal offences;

  • Law enforcement agency means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties.

  • Law enforcement unit means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

  • Support enforcement agency means a public official or agency authorized to seek:

  • Drug enforcement administration means the drug enforcement

  • Local law enforcement agency or "LLEA" means a public or private organization that has been approved by a federal, state, or local government to carry firearms and make arrests, and is authorized and has the capability to provide an armed response in the jurisdiction where the licensed Category 1 or Category 2 quantity of radioactive material is used, stored, or transported.

  • Civil Enforcement Officer means a person authorised by or on behalf of Lancashire County Council in accordance with Section 76 of the Traffic Management Act 2004;

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

  • Law enforcement officer means any officer authorized to direct or regulate traffic or to make

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

  • Code enforcement officer means the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.

  • 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.

  • Law enforcement support staff member means a person who serves

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

  • Joint Patents means all Patents claiming any Joint Invention.

  • 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.

  • Compliance Enforcement Authority means NERC or the Regional Entity, or any entity as otherwise designated by an Applicable Governmental Authority, in their respective roles of monitoring and/or enforcing compliance with mandatory and enforceable Reliability Standards in their respective jurisdictions.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • Law enforcement official has the same meaning as the term "law enforcement official" at 45 C.F.R. § 164.103.

  • By-law Enforcement Officer means a person appointed as such by the City to enforce City by-laws.

  • Bylaw Enforcement Officer means a person or persons appointed from time to time by resolution of City Council pursuant to Section 36 of the Police Act, the purpose of which is to enforce regulatory bylaws of the municipality.

  • Trust Enforcement Event in respect of the Securities means an Indenture Event of Default has occurred and is continuing in respect of the Debentures.

  • 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.

  • 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.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Prosecution and Maintenance or “Prosecute and Maintain” means, with regard to a Patent Right, the preparing, filing, prosecuting and maintenance of such Patent Right, as well as handling re-examinations, reissues, and requests for patent term extensions with respect to such Patent Right, together with the conduct of interferences, the defense of oppositions and other similar proceedings with respect to the particular Patent Right. For clarification, “Prosecution and Maintenance” or “Prosecute and Maintain” will not include any other enforcement actions taken with respect to a Patent Right.