Cover or Covered By

Cover or Covered By. Means (i) infringes in the case of a Valid Claim in an issued patent or (ii) would infringe the Valid Claim if it existed in an issued patent in the case of a Valid Claim in a pending application. "Valid Claim" mean (a) a claim of an issued and unexpired patent falling within the definition of Patents, which claim has not been revoked or found to be unpatentable, invalid or unenforceable by an unreversed and unappealable decision of a court or other government agency of competent jurisdiction;... or (b) a claim set forth in a pending patent application falling within the definition of Patents that (i) has been filed and prosecuted in good faith, (ii) has not been abandoned or finally rejected in a decision that is unappealable or unappealed within the time allowed for appeal and (iii) has not been pending for more than seven (7) years after the date of first substantive examination of such patent application, as evidenced by the receipt of an office action on the merits from the United States Patent and Trademark Office (or an equivalent examination report from a foreign patent office); provided, however, that in the event that such claim subsequently issues in a Patent falling within the definition of Patents, then such claim shall be a Valid Claim hereunder, and Company shall pay to Columbia any amounts that would otherwise have been due under such Valid Claim. The invalidity of a particular claim in one or more countries shall not invalidate such claim in the remaining countries of the Territory. View More