Patent Challenge

Patent Challenge. A challenge to the validity, patentability, enforceability and/or non-infringement of any of the PATENT RIGHTS (as defined below) or otherwise opposing any of the PATENT RIGHTS.

Patent Challenge. Means a challenge to the validity, patentability or enforceability of any of the Applicable Patents or otherwise opposing any of the Applicable Patents.

Patent Challenge. Means the commencement or assertion by HeartWare or any of its Affiliates, either directly, or through knowingly providing assistance to a Third Party with respect to any such commencement or assertion, in any lawsuit, other legal proceeding or any administrative proceeding (including, without limitation, any reexamination or opposition proceeding), of any claim challenging the validity or enforceability of any Licensed Patent or any claim contained in a Licensed Patent, in each case other than... (i) in response to a subpoena or pursuant to a command or order by a governmental authority; (ii) as required by law; or (iii) in connection with a position taken by HeartWare during prosecution of its patents or patent applications. View More

Patent Challenge. A challenge to the validity, patentability, enforceability and/or non-infringement of any of the Sublicensed Patents or otherwise opposing any of the Sublicensed Patents.

Patent Challenge. A legal or administrative challenge to the validity, patentability, or enforceability of any of the PATENT RIGHTS (as defined below) or otherwise opposing any of the PATENT RIGHTS through a legal or administrative proceeding.

Patent Challenge. Shall mean any action before any patent office, court or other tribunal or agency, challenging the validity, patentability, enforceability and/or scope of any of the Ramot Patents and/or Joint Patents (including without limitation through an interference or reexamination procedures).

Patent Challenge. A challenge to the validity, patentability, and/or enforceability of any of the PATENT RIGHTS (as defined below) or otherwise opposing any of the PATENT RIGHTS. It is understood and agreed that good faith efforts to confirm and/or correct inventorship on any patent, as defined in Section 1.8 (b), (c), (d), or (e) below, granted after the EFFECTIVE DATE shall not be deemed a PATENT CHALLENGE. The foregoing notwithstanding, COMPANY, based on its reasonable review of the PATENT RIGHTS documents... published before the EFFECTIVE DATE and cited in Section 1.8, knows of no reason that confirmation and/or correction of inventorship on any patent defined in Section 1.8 (b), (c), (d), or (e) is warranted. View More

Patent Challenge. Any action or proceeding, including any interference, patent opposition, inter partes review, post-grant review or re-examination proceeding, challenging or denying the validity, patentability or enforceability of, or opposing any extension of or the grant of a supplementary protection certificate with respect to any Patent Right within the Licensed Patent Rights, which, in the case of such an action brought or assisted by Company or its Affiliate, is directed to subject matter within the scope... of the licenses granted to Company hereunder or, in the case of such an action brought or assisted by a Sublicensee, is directed to subject matter within the scope of the Sublicense granted to such Sublicensee. For purposes of this Agreement, Patent Challenges brought by Company, its Affiliate or Sublicensee (each, the "Patent Challenger"), or with respect to which any of them provides assistance, (a) shall not include any of the foregoing actions brought in defense of an infringement claim brought against the Patent Challenger by, or on behalf of, or under the authority of ALSTDI, and (b) shall not include any action or proceeding that is withdrawn within thirty (30) days of a written request by ALSTDI to do so. View More

Patent Challenge. Means a legal or administrative challenge to the validity, patentability, scope, or enforceability of any of the Licensed Patents or otherwise opposing any of the Licensed Patents.

Patent Challenge. A challenge to the validity, patentability, enforceability and / or non-infringement of any of the Licensed Patent Rights or otherwise opposing any of the Licensed Patent Rights.