Substantial Infringement definition

Substantial Infringement means unit sales which equal at least 10% of

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Substantial Infringement means any infringement, of any of the Patent Rights, that LICENSEE deems material to its business. If at any time during the term of this Agreement, LICENSEE becomes aware of an apparent Substantial Infringement, LICENSEE will promptly notify DFCI of such infringement. In the event that LICENSEE chooses to take any action with respect to the Substantial Infringement, LICENSEE shall, upon the request of DFCI, provide DFCI with an explanation of LICENSEE’s reasoning in choosing to take such action.

Substantial Infringement means the unlicensed manufacture, use or sale over a period of at least two consecutive accounting quarters of products which infringe the Licensed Patent where there is reason to believe the sales volume of such infringement is equal to or exceeds an annual volume of Twenty Five Thousand (25,000) Units by a single infringer. The burden of initially showing Substantial Infringement shall be upon WATERLOO by a preponderance, and the burden of subsequently showing termination or lack of Substantial Infringement shall be upon HAWORTH by a preponderance. However, HAWORTH's ongoing litigation with St▇▇▇▇▇▇▇ ▇hall not be considered as activity against an infringer identified by WATERLOO hereunder. Further, if HAWORTH is at any time litigating the '798 patent against an infringer, other than the pending litigation with Steelcase, then HAWORTH shall have no obligation to simultaneously litigate the patent against other infringers.

Examples of Substantial Infringement in a sentence

However, TGTX recognizes that before DFCI must respond to the request, TGTX shall supply CTI to provide to DFCI (i) an opinion of qualified legal counsel demonstrating to DFCI's reasonable satisfaction that an infringement of the DFCI Patents exists in a particular country and (ii) with written evidence demonstrating to DFCI’s reasonable satisfaction that a Substantial Infringement of the DFCI Patents exists in a particular country (“Substantial Infringer”).
TGTX’s right to reduce royalty payments to CTI under this paragraph 6.4(c)(iii) applies only for so long as the Substantial Infringement continues.
However, before DFCI must respond to the request, CTI shall supply DFCI (i) an opinion of qualified legal counsel demonstrating to DFCI's reasonable satisfaction that an infringement of the DFCI Patents exists in a particular country and (ii) with written evidence demonstrating to DFCI’s reasonable satisfaction that a Substantial Infringement of the DFCI Patents exists in a particular country (“Substantial Infringer”).
If * percent (*%) of TGTX’s costs and expenses exceed the amount of royalties deducted by TGTX for any calendar year, TGTX may, to that extent, reduce the royalties due to CTI in succeeding calendar quarters for so long as TGTX is actively engaged in legal proceedings to terminate the Substantial Infringement.
CTI’s right to reduce royalty payments to DFCI under this paragraph 6.4(c)(iii) applies only for so long as the Substantial Infringement continues.
If at any time during the term of this Agreement, Licensee becomes aware of an apparent Substantial Infringement (as defined in Section 7.2) in a particular country of a patent within Patent Rights, it will promptly notify DFCI.
If CTI has the right to prosecute a Substantial Infringement under Section 6.4(c) of the License Agreement, then CTI shall promptly notify TGTX, and it may initiate a legal proceedings against the alleged infringer.
If * percent (*%) of CTI’s costs and expenses exceed the amount of royalties deducted by CTI for any calendar year, CTI may, to that extent, reduce the royalties due to DFCI in succeeding calendar quarters for so long as CTI is actively engaged in legal proceedings to terminate the Substantial Infringement.
If CTI decides that it will not commence any legal proceeding with respect to the Substantial Infringement, then TGTX shall be given the rights to prosecute granted to CTI under Section 6.4(c).
VYSIS agrees that it will use its best efforts to terminate such Substantial Infringement.

More Definitions of Substantial Infringement

Substantial Infringement or “Substantially Infringing” as used in this Section III(c)(ii) shall mean that the alleged infringing Sales of a Substantial Infringer.

Substantial Infringement shall have the meaning set forth in Section III(c)(ii)(1).

Substantial Infringement means an infringement of the use of the technology, trade secrets, circumvention covering the and/or the said patent(s) by a third party in a specified territory or from outside the specified territory. AGREEMENTS, WHETHER ORAL OR WRITTEN AND ANY PRIOR AGREEMENTS ARE HEREBY CONSIDERED NULL AND VOID. AGREED AND ACCEPTED as of this 1st day of July, 2004.

Substantial Infringement or "SUBSTANTIALLY INFRINGING" as used in this Article 7 shall mean that the alleged infringing Sales of the Third Party in the given country are at least fifteen percent (15%) of total Sales of Competing Products in such country. "COMPETING PRODUCTS" means all products essentially equivalent to a Complete Diagnostic Kit and which test for the same analytes and which directly compete with each other for use in or in conjunction with PCR (for example, a test for the presence of an organism would not be considered to be testing for the same analyte as a test for a specific drug resistant subspecies of such organism, but two PCR-based tests both of which detect the presence of HIV1 (even if using different sequences of the genome) would be considered to be testing for the same analyte whereas two tests, one for HIV1 and one for HIV2, would be considered to be testing for different analytes).

Substantial Infringement or “Substantially Infringing” as used in this Article 7 shall mean that the alleged infringing Sales of the Third Party in the given country are at least [***] of total Sales of Competing Products in such country. “Competing Products” means all products essentially equivalent to a Complete Diagnostic Kit and which test for the same analytes and which directly compete with each other for use in or in conjunction with PCR.