Valid Claims means Settlement Claims in an amount approved by the Claims Administrator or found to be valid through the claims processing and/or Dispute Resolution process.
Valid Claims means any claim contained in an issued and unexpired patent included within the Patents that has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, or unappealable or unappealed within the time allowed for appeal, and that has not been admitted to be invalid or unenforceable through reissue or disclaimer.
Valid Claims means any claim(s) in an unexpired patent or pending in a patent application included within the Licensed Patents which has not been held unenforceable, unpatentable, or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer. If in any country there should be two or more such decisions conflicting with respect to the validity of the same claim, the decision of the higher or highest tribunal shall thereafter control; however, should the tribunals be of equal rank, then the decision or decisions upholding the claim shall prevail when the conflicting decisions are equal in number, and the majority of decisions shall prevail when the conflicting decisions are unequal in number.
Examples of Valid Claims in a sentence
If the total dollar value of all Valid Claims is less than the amount remaining in the Settlement Fund after the Claims Deadline has passed and after any Attorneys’ Fees and Expenses Award, any Service Award, and the Costs of Claims Administration have been paid in full out of the Settlement Fund, the payment amount for all Valid Claims shall be increased pro rata.
If the total dollar value of all Valid Claims is greater than the amount remaining in the Settlement Fund after the Claims Deadline has passed and after any Attorneys’ Fees and Expenses Award, any Service Award, and the Costs of Claims Administration have been paid in full out of the Settlement Fund, the payment amounts for all Valid Claims for Cash Payments shall be decreased pro rata.
More Definitions of Valid Claims
Valid Claims means a claim in any patent within the Elan Patents which has not lapsed or become abandoned and which claim has not been declared invalid by an unreversed or an unappealable decision of a court of competent jurisdiction.
Valid Claims means either:
Valid Claims means an unexpired claim of any issued patent within Patent Rights which has not been finally declared invalid or unenforceable by a patent office or by a court or other body of competent jurisdiction in any unappealed or unappealable decision and which has not been lost through an interference or opposition proceeding.
Valid Claims means either (a) a claim of an issued and unexpired patent included within the LICENSED PATENT RIGHTS, which has not been held invalid by an unappealable or unappealed within the time limit allowed for appeal, decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time limit allowed for appeal or (b) a claim of a pending patent application included within the LICENSED PATENT RIGHTS, which claim has not been abandoned without the possibility of revival or pursued through a timely filed continuation or divisional application or finally disallowed without the possibility of appeal.
Valid Claims means a Claim Form and W-9 Form duly completed and timely submitted by a Class Member in accordance with the requirements set forth in this Agreement.
Valid Claims means (i) any claim within the Patent Rights which is issued and unexpired, has not been revoked, held unenforceable or invalid by an unappealed or unappealable decision of a court or other governmental agency of competent jurisdiction, and has not been admitted by the owner of such claim to be invalid or unenforceable, and (ii) any claim within the Patent Rights which has been pending for less than […***…] years after filing a national patent application in the country in question, and has not been finally rejected by the patent office in the country where the Licensed Product is being manufactured, used or sold.