Cover

Cover. Means, with respect to a particular subject matter at issue and the relevant patent right, that the manufacture, use, Sale, offer for Sale, or importation of the subject matter would fall within the scope of a claim in such patent right.

Cover. With respect to any subject matter (e.g. a Licensed Product), means that absent a license, the making, having made, using, importing, offering to sell or selling such subject matter would infringe a Valid Claim.

Cover. With respect to a given plant variety, that the unauthorized performance of any of the acts enumerated in Article 14 of the 1991 Act of the International Convention for the Protection of New Varieties of Plants or similar acts as may be provided under other applicable statutory protection systems for plant varieties (as limited by Articles 15 to 17 thereof) in respect of such variety, would infringe the breeder's right in respect of such variety.

Cover. With respect to a product and a claim of a patent or patent application, that the making, having made, use, selling, offering for sale or import of the product would, in the country in which such action occurs, (i) in the case of a claim in an issued patent, infringe the claim, or (ii) in the case of a claim in a pending patent application, infringe the claim if it existed in an issued patent; in each case of (i) and (ii) in the absence of the licenses granted under this Agreement.

Cover. Or "Covering" means, (a) with respect to a patent or patent application, that at least one Valid Claim of such patent or patent application would be infringed by the product, method, use, or device, as applicable, and (b) with respect to any other intellectual property right, that the product, method, use or device would infringe or misappropriate such rights unless a license were granted.