Patent Litigation means the matters entitled SK hynix Inc. et xx x. Xxxxxx Inc., No. CV 00-20905 (X.X.Xxx. Filed Aug. 29, 2000) and Rambus Inc. v. SK hynix Inc., et al., No. C-05-00334 (N.D. Cal. Filed Jan. 25, 2005).
Patent Litigation has the meaning set forth in Section 6.9.
Patent Litigation. Patent Litigation means, with respect to a Product, (a) a claim or demand by the relevant Innovator or other Third Party that alleges patent infringement against any Momenta Indemnified Party or any Sandoz Indemnified Party based on (i) the activities of Sandoz or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) pursuant to this Agreement related to such Product (including the manufacture of such Product), or (ii) the activities of Sandoz or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) prior to the Effective Date related to such Product (including the manufacture of such Product), or (b) a declaratory judgment or other legal or equitable proceeding approved by the JSC (or if the JSC cannot reach agreement, through the provisions of Article 13) and commenced or joined by Momenta, Sandoz or one of their Affiliates that seeks a judgment against the relevant Innovator or other Third Party that (i) Sandoz, Momenta, their Affiliates and/or their permitted licensees hereunder have not infringed, or will not infringe, any patent related to such Product (including the manufacture of such Product) and/or (ii) that the relevant Patent Rights of such Innovator or other Third Party are invalid or unenforceable; in each case, irrespective of the nature of the relief sought (which may include, without limitation, actual, consequential or enhanced damages) and irrespective of the jurisdiction in which such claim, demand or action is brought.
Examples of Patent Litigation in a sentence
Cook: Pharmaceutical Patent Litigation Settlements:Balancing Patent & Antitrust Policy Through Institutional Choice.
Lave, “Responding to Patent Litigation Settlements: Does the FTC Have It Right Yet?,” 64 University of Pittsburgh Law Review (2002), 201 (“Hatch-Waxman has also increased the generic drug share of prescription drug volume by almost 130% since its enactment in 1984.
Turner, The Court of Appeals for the Federal Circuit’s Impact on Patent Litigation, 35 J.
Meurer, Lessons for Patent Policy from Empirical Research on Patent Litigation, 9 LEWIS & CLARK L.
Love, An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls without Harming Innovators?, U.
More Definitions of Patent Litigation
Patent Litigation. Patent Litigation means (a) a claim or demand by Aventis that alleges patent infringement against any Momenta Indemnified Party or any Sandoz Indemnified Party based on (i) the activities of the Sandoz Parties or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) pursuant to this Agreement related to the Product (including the manufacture of the Product), or (ii) the activities of the Sandoz Parties or Momenta (including those undertaken by Affiliates or Third Parties on behalf of them) [**] related to the Product (including the manufacture of the Product), or (b) a declaratory judgment or other legal or equitable proceeding approved by the JSC (or if the JSC cannot reach agreement, through the provisions of Article 13) and commenced or joined by Momenta, Sandoz or one of their Affiliates that seeks a judgment against Aventis that Sandoz, Momenta, their Affiliates and/or Momenta's licensees have not infringed, or will not infringe, any patent related to the Product (including the manufacture of the Product), in each case, irrespective of the nature EXECUTION COPY of the relief sought (which may include, without limitation, actual, consequential or enhanced damages) and irrespective of the jurisdiction in which such claim, demand or action is brought.
Patent Litigation. Right to Bring Suit.............................................................. 23
Patent Litigation means the matters entitled Micron Technology, Inc. x. Xxxxxx Inc., No. 00-792 (D. Del. Filed Aug. 28, 2000) and Rambus Inc. v. Micron Technology, Inc., et al., No. C-06-00244 (N.D. Cal. Filed Jan. 13, 2006), and any appeals therefrom and related proceedings, including specifically the appeal in Micron Technology, Inc. x. Xxxxxx, Inc., Federal Circuit No. 13-1294 (“Delaware Appeal”).
Patent Litigation means the patent infringement case under Case No. 01-077-SLR in the United States District Court for the District of Delaware initially captioned as ABB Automation Inc. v. Schlumberger Resource Management Services, Inc., and the pending appeal in the United States Court of Appeals for the Federal Circuit (Case No. 04-1052-1066) from that case (together, the “Patent Infringement Case”), including any counterclaims, attorneys’ fees, court costs, expenses of investigation and Damages relating to the Patent Infringement Case, the patent assertions of any patent at issue in the Patent Infringement Case (including, without limitation, Elster’s assertions with respect to the ‘621 Patent) against any of the Seller Group, the Company or their Affiliates and the products related to the Business referenced therein, and any other litigation by Elster against Sellers, the Company or their successors or Affiliates involving both such patents and the products of the Business or any Related Patent. For purposes of this definition, “Related Patent” shall mean a continuation, continuation in part, divisional, reissue or international counterpart of the patents at issue in the Patent Infringement Case. “Damages” relating to the Patent Infringement Case shall include, but not be limited to, any Damages incurred by Purchasers, the Company, or their Affiliates as a result of (i) any Damages arising out of the settlement of Case No. 01-77-SLR before the United States District Court for the District of Delaware, as they relate to the Purchasers, the Company or their Affiliates, whether such Damages arise out of license fees, license conditions, grants of license rights to another party, or any other condition arising out of such settlement as it relates to Purchasers, the Company, or their Affiliates, (ii) the failure of Seller Group to provide a fully paid up, royalty free perpetual and irrevocable licenses to any of the patents that are the subject of the Patent Infringement Case (except for the ‘621 Patent) that will allow the Company to operate the Business in substantially the manner historically operated, or (iii) any Damages incurred by
Patent Litigation means PreMD Inc. v. Ogilvy Renault LLP et al. (Superior Court of Justice (Ontario), Court File No. 05-CV-293347 PDI) together with any related or successor actions with respect to the subject matter thereof.
Patent Litigation means the matters entitled Rambus Inc. v. Samsung Electronics Co., Ltd., et al., No. C-05-02298 (N.D. Cal. Filed June 6, 2005) and Rambus Inc. v. Hynix Semiconductor Inc., et al., No. C-05-00334 (N.D. Cal. Filed Jan. 25, 2005).
Patent Litigation shall refer to Xxxxx Xxxxxxx University et al v. CellPro, ----------------------------------------- Incorporated, Civil Action 94-105-RRM, currently pending in the United States ------------ District Court for the District of Delaware.