Cover

Cover. (i) infringes, in the case of a claim in an issued patent, or (ii) would infringe the claim if it existed in an issued patent, in the case of a claim in a pending application.

Cover. As used in relation to a patent or patent right shall include composition of matter claims as well as methods of manufacture or use

Cover. (including variations thereof such as Covered, Coverage, or Covering) means that the manufacture, use, importation or sale of the applicable Licensed Product or Probe Study Product would infringe a Valid Claim of a specified patent in the absence of a grant of rights under such patent. The determination of whether an item or process is Covered by a Valid Claim shall be made on a country-by-country basis.

Cover. Or "Covering" means, when referring to an Acquired Compound or a Product and a patent, that, in the absence of a license granted to a Person under a claim included in such patent, the practice by such Person of a specified activity with respect to such Product or Acquired Compound would infringe such claim (without regard to the validity or enforceability of such claim).

Cover. "Covered" or "Covering" shall mean, in connection with a Patent Right, claiming any idea, Know-How or Invention or describing same in the specifications or the drawings of such Patent Right in a manner that it can be made the subject matter of the patent claims of such Patent Right.

Cover. And its cognates thereof means, with respect to any product, process, method, use or composition, which, in the absence of a license, the manufacture, use, offer for sale, sale, or importation thereof or the practice thereof would infringe a Valid Claim of a referenced Patent (or in the case of a Patent that is a patent application, would infringe a Valid Claim in such patent application if it were to issue as a Patent).

Cover. With respect to a Patent, that, but for a license granted to a Party under a Valid Claim included in such Patent, the practice by such Party of an invention claimed in such Patent would infringe such Valid Claim (or in the case of a Patent that is a patent application, would infringe a Valid Claim in such patent application if it were to issue as a patent).

Cover. Means (a) with respect to a granted patent, a Valid Claim thereof would be infringed in the absence of a right, authorization, consent or license with respect to such claimed subject matter, or (b) with respect to a patent application that has not been granted, a Valid Claim thereof, that if granted, would be infringed in the absence of a right, authorization, consent or license with respect to such claimed subject matter.

Cover. Or Covered means that the use, manufacture, sale, offer for sale, research, development, commercialization, importation or other commercial Exploitation of the subject matter in question by an unlicensed entity: (a) would infringe an issued or pending claim of a Rights Holder Patent or Auxiliary Technology Patent, or (b) incorporates, encompasses, references, uses or otherwise relies upon the Rights Holder Technology.

Cover. "Covering"," or "Covered" means, with respect to a Licensed Product, the Exploitation of or manufacturing of the Licensed Product, is encompassed within a valid claim of one or more Licensed Patents (or, in the case of an application that that has not yet issued, would infringe a claim of the application if it were to issue as a patent