Challenge

Challenge. Licensee will be deemed to have made a "Challenge" of the Licensed Patent Rights if Licensee or its Affiliate or Sublicensee: (a) institutes or maintains, or causes its counsel to institute or maintain on Licensee's or such Affiliate's or Sublicensee's behalf, any interference, opposition, re-examination, post-grant review or similar proceeding with respect to any Licensed Patent Right with the U.S. Patent and Trademark Office or any foreign patent office; or (b) makes any filing or institutes... or maintains any legal proceeding, or causes its counsel to make any filing or institute or maintain any legal proceeding on Licensee's or such Affiliate's or Sublicensee's behalf, with a court or other governmental body (including, without limitation, the U.S. Patent and Trademark Office or any foreign patent office) in which one or more claims or allegations challenges the validity or enforceability of any Licensed Patent Right; provided, however, that, any such action described in subsection (a) and/or (b) by a Sublicensee shall not be deemed to be a Challenge if Licensee, within [***] days of the filing of such action, procures and causes to be filed a dismissal with prejudice of such action, and terminates the agreement granting such Sublicensee a sublicense with respect to the Licensed Patent Rights in accordance with the terms of such agreement and, following such termination, such Challenging party is no longer a Sublicensee. View More

Challenge. With respect to Patent Rights, to challenge the validity or enforceability of any Patent Rights, including without limitation by (i) filing a declaratory judgment action in which Patent Rights are alleged to be invalid or unenforceable; (ii) citing prior art pursuant to 35 U.S.C. Sec. 301, making a request for re-examination of Patent Rights pursuant to 35 U.S.C. Sec. 302 and/or 311, or provoking or becoming party to an interference with an application for Patent Rights pursuant to 35 U.S.C.... Sec. 135; or (iii) filing or commencing any opposition, cancellation, nullity or similar proceedings against Patent Rights in any country. View More

Challenge. Challenge, contest, or oppose in any court of law or other governmental authority (including, but not limited to, in a proceeding before the PTO or comparable or equivalent foreign governmental agency), or arbitral forum, any of the PDL Queen Patent Family on any basis with respect to the validity, enforceability, inventorship, patentability, scope, infringement, ownership, or appropriate damages for infringement of any of the PDL Queen Patent Family.

Challenge. With respect to any patent rights, directly or indirectly, (a) to assert in any court, patent office or other competent governmental authority that such patent rights are invalid or unenforceable in whole or in part, (b) to oppose the issuance of, or to challenge or seek to narrow the issued or applied for claims, scope or duration of, any claim of such patent rights, (c) to seek a declaratory judgment or similar relief that any product or service does not infringe any such patent rights or is... licensed or otherwise authorized under this Agreement or otherwise, (d) to seek, request or otherwise take any action that results in the declaration, initiation or continuation of an interference or derivative proceeding, opposition, reexamination, post-grant review or inter partes review (or their equivalents) of such patent rights, or (e) to assist or cooperate with any other Person to do any of the foregoing. View More