Patent Infringement Claim definition

Patent Infringement Claim shall have the meaning set forth in Section 13.2.1.
Patent Infringement Claim means any allegation made to a
Patent Infringement Claim. ’ means any allegation

Examples of Patent Infringement Claim in a sentence

  • The Party managing the defense against a Patent Infringement Claim shall also have the right to settle such Patent Infringement Claim, on terms deemed appropriate by such Party, provided, however that any such settlement must include a full and unconditional release from all liability of the other Party and may not adversely affect the rights of the other Party without such other Party’s prior written consent (such consent not to be unreasonably withheld or delayed).

  • If BI elects to exercise such right as to a Patent Infringement Claim, Vitae shall cooperate with BI at BI’s request and expense, and shall have the right to be represented by counsel selected and paid for by Vitae.

  • If BI elects not to exercise such right as to the Patent Infringement Claim, Vitae may defend such Patent Infringement Claim, at Vitae’s expense, and BI shall cooperate with Vitae at Vitae’s request and shall have the right to be represented by counsel selected and paid for by BI.

  • Without limiting any of BI’s obligations under Section 13.1, and unless Vitae is required to indemnify, defend and hold harmless BI and/or its Affiliate(s) from and against such Patent Infringement Claim pursuant to Section 12.2, BI shall have the primary right to manage the defense of the Parties against a Patent Infringement Claim, at BI’s sole expense.

  • With respect to any and all Claims instituted by Third Parties against BI or any of its Affiliates for patent infringement involving the manufacture, use, license, marketing or sale of a Product (each a “Patent Infringement Claim”), BI shall have the sole right to manage the defense against a Patent Infringement Claim, at BI’s sole expense.


More Definitions of Patent Infringement Claim

Patent Infringement Claim means any allegation made to a nonreference drug filer, whether or not included in a complaint filed with a court of law, that its nonreference drug product or application infringes any patent held by, or exclusively licensed to, the reference drug holder.
Patent Infringement Claim means any allegation threatened in writing or included in a complaint filed with a court of law that a Generic Product may infringe one or more U.S. Patents held by, or licensed to, an NDA Holder.
Patent Infringement Claim means any written allegation of patent infringement, whether or not included in a complaint filed with a court of law, including, but not limited to, where the alleged infringer challenges only patent validity.
Patent Infringement Claim means any allegation made
Patent Infringement Claim means any allegation, whether threatened or included in a complaint filed with a court of law, that an ANDA Filer’s ANDA or ANDA Product may infringe any U.S. patent held by, or exclusively licensed to, the NDA Holder of the Reference Drug Product.
Patent Infringement Claim means a third party lawsuit (a) brought against either Party before a court of competent jurisdiction, (b) that includes a claim alleging that the Product infringes such third party’s Patent Rights and (c) such claim of infringement relates primarily to the SurModics IP Rights used or incorporated in the Product.
Patent Infringement Claim has the meaning set forth in the definition ofPatent Infringement Losses.”