Valid Claim

Valid Claim. Means Shall mean a claim of an issued and unexpired patent included within the Patent Rights, which Right that has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealed or unappealable or unappealed within the time allowed for appeal, and which that has not been admitted to be invalid or unenforceable through reissue or reissue, disclaimer or otherwise.

Valid Claim. Means a A claim of an issued and unexpired patent included within the Licensed Patent Rights, Rights or the Collaboration Supported Product Patents, which has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise. otherwise

Valid Claim. Means Shall mean a claim of an issued and unexpired patent included within the Licensed Patent Rights, Rights or the Collaboration Supported Product Patents, which has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

Valid Claim. (a) a claim in an issued and issued, unexpired United States or granted foreign patent included in the Licensed Patents that: (i) has not been held unenforceable, unpatentable invalid, unpatentable, or invalid unenforceable by a decision of a court or other governmental agency of competent jurisdiction, jurisdiction and not subject to appeal, appeal (ii) has not been admitted to be invalid or unenforceable through reissue or disclaimer reissue, inter partes review, disclaimer, or otherwise,... (iii) has not been lost through an interference, reexamination reexamination, or reissue proceeding; or (b) a pending claim of a pending patent application included in the Licensed Patents. View More

Valid Claim. Means (a) a claim in of an issued and unexpired patent included in the Licensed Patents that: that (i) has not been abandoned, held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, and is not subject to appeal, appeal; (ii) has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise, otherwise; and (iii) has not been lost through an interference, reexamination or reissue proceeding; or (b)... a claim of a pending patent application included in the Licensed Patents. [***] View More

Valid Claim. (a) (i) a claim in an issued and unexpired patent included in the Licensed Patents that: (i) (a) has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, and not subject to appeal, (ii) (b) has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise, (iii) (c) has not been lost through an interference, reexamination reexamination, or reissue proceeding; or (b) (ii) a claim of a... pending patent application included in the Licensed Patents. Patents that has not been abandoned or finally rejected without the possibility of appeal or refiling and that has been pending for less than five (5) years from its priority date. View More

Valid Claim. Means an An issued claim of any unexpired patent or a claim of any pending patent application within the Licensed Patents which has not been held unenforceable, unpatentable or invalid by a decision of a court or of governmental body of competent jurisdiction, in a ruling that is unappealable or unappealed within the time allowed for appeal; which has not been rendered unenforceable through disclaimer or otherwise; and which has not been lost through an interference proceeding.

Valid Claim. Means an issued claim of any unexpired patent Licensed Patent or a claim of any pending patent application within the Licensed Patents which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, in a ruling that is unappealable or unappealed within the time allowed for appeal; which has not been rendered unenforceable through disclaimer or otherwise; and which has not been lost through an interference proceeding. proceeding or irrecoverable failure to pay a maintenance fee. View More

Valid Claim. Means an issued claim of any unexpired patent or a claim of any pending patent application within the Licensed Patents which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, in a ruling that is unappealable or unappealed within the time allowed for appeal; appeal which has not been rendered unenforceable through disclaimer or otherwise; otherwise, and which has not been lost through an interference proceeding or... failure to pay a maintenance fee. proceeding. Notwithstanding the foregoing, a claim of a pending patent application shall cease to be a Valid Claim if no patent has issued on such claim on or prior to the fifth (5th) fourth anniversary of the date of filing of such application the corresponding parent patent application, provided that such claim shall once again become a Valid Claim on the issue date of a patent that subsequently issues and includes covers such claim. View More

Valid Claim. Means an issued claim of any unexpired patent or a claim of any pending patent application which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, in a ruling that is unappealable or unappealed within the time allowed for appeal; which has not been rendered unenforceable through disclaimer or otherwise; and which has not been lost through an interference proceeding or irrecoverable failure to pay a maintenance fee.... Notwithstanding the foregoing, a claim of a pending patent application shall cease to be a Valid Claim if no patent has issued on such claim on or prior to the fifth (5th) anniversary of the date of filing of such utility application that may or may not depend on the priority date of a provisional application, provided that such claim shall once again become a Valid Claim on the issue date of a patent that subsequently issues and includes such claim. View More

Valid Claim. Any Means any claim(s) in an unexpired patent or pending in a patent application included within the Licensed Patents excepting only claims that: (1) which has not been held unenforceable, unpatentable, or invalid by a decision of a court or other governmental agency of competent jurisdiction has decided are unenforceable, unpatentable, or invalid, 2 jurisdiction, unappealable or unappealed within the time allowed for appeal; appeal, and which has not been admitted to be invalid or (2) a unenforceable through reissue or disclaimer has rendered invalid or unenforceable. disclaimer. If in any country there should be two or more such decisions conflict conflicting with respect to the validity of the same claim, the decision of the higher or highest tribunal controls; shall thereafter control; however, if should the tribunals are be of equal rank, then the decision or decisions upholding the claim prevails shall prevail when the conflicting decisions are equal in number, and the majority of decisions prevails shall prevail when the conflicting decisions are unequal in number. View More

Valid Claim. Any Means any claim(s) in an unexpired patent or pending in a patent application included within the Licensed Patents excepting only claims that: (1) which has not been held unenforceable, unpatentable, or invalid by a decision of a court or other governmental agency of competent jurisdiction has decided are unenforceable, unpatentable, or invalid, jurisdiction, unappealable or unappealed within the time allowed for appeal; appeal, and which has not been admitted to be invalid or (2) a unenforceable through reissue or disclaimer has rendered invalid or unenforceable. disclaimer. If in any country there should be two or more such decisions conflict conflicting with respect to the validity of the same claim, the decision of the higher or highest tribunal controls; shall thereafter control; however, if should the tribunals are be of equal rank, then the decision or decisions upholding the claim prevails shall prevail when the conflicting decisions are equal in number, and the majority of decisions prevails shall prevail when the conflicting decisions are unequal in number. View More

Valid Claim. Means a claim in any unexpired, issued patent which has not been irrevocably abandoned or held to be invalid or unenforceable by a non-appealed or unappealable decision of a court or other authority of competent jurisdiction, and which is not admitted to be invalid through disclaimer or dedication to the public, and which Covers the Licensed Product. public.

Valid Claim. Means a claim in any unexpired, issued patent which has not been irrevocably abandoned or held to be invalid or unenforceable by a non-appealed or unappealable decision of a court or other authority of competent jurisdiction, which is not admitted to be invalid through disclaimer or dedication to the public, and which Covers the applicable Licensed Product or Probe Study Product.

Valid Claim. Means a claim in any unexpired, issued patent which has not been irrevocably abandoned or held to be invalid or unenforceable by a non-appealed or unappealable decision of a court or other authority of competent jurisdiction, which is not admitted to be invalid through disclaimer or dedication to the public, and which Covers the applicable Licensed Product or Probe Study Product.

Valid Claim. The term "Valid Claim" 'Valid Claim' shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise. The term "Valid Claim" 'Valid Claim' shall also include the claims of a... pending patent application within the Licensed Patent Rights which have not been (i) cancelled, withdrawn, abandoned or finally disallowed without the possibility of appeal or refilling of such application, or (ii) pending for a period of more than [***] from the date of the first examination of the patent application. View More

Valid Claim. The term "Valid Claim" shall mean a claim of any issued and unexpired patent within the Licensed Patent Rights which has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction in a ruling that is unappealed or unappealable, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise. unappealable. The term "Valid Claim" shall also include the claims of a pending patent... application within the Licensed Patent Rights which have not been (i) cancelled, withdrawn, abandoned or finally disallowed without the possibility of appeal or refilling of such application, or (ii) pending for a period of more than [***] years from the date of the first examination of the patent application. [***]. View More

Valid Claim. Means: (a) a claim of an issued and unexpired patent within the Patent Rights that has not been (i) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, (ii) rendered unenforceable through disclaimer or otherwise, (iii) abandoned or (iv) permanently lost through an interference, inter partes review, interference or opposition or other proceeding... without any right of appeal or review; or (b) a pending claim of a pending patent application within the Patent Rights, where such patent application has been pending for no more than seven (7) years since its earliest effective priority date. review. View More

Valid Claim. Means: (a) a claim of an issued and unexpired patent within the Patent Rights that has not been (i) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, (ii) rendered unenforceable through disclaimer or otherwise, (iii) abandoned or (iv) permanently lost through an interference, inter partes review, opposition or other proceeding without any right... of appeal or review; or (b) a pending claim of a pending patent application within the Patent Rights, where such patent application has been pending for no more than seven (7) years [####] since its earliest effective priority date. View More

Valid Claim. A Means a claim of an unexpired issued or granted Licensed Patent, as long as the claim has not been admitted by GTX LBS LLC or otherwise caused to be invalid or unenforceable through reissue, disclaimer, or otherwise, or held invalid or unenforceable by a Governmental Authority of competent jurisdiction from whose judgment no appeal is allowed or timely taken

Valid Claim. A Means, on a country-by-country basis, a claim of an unexpired issued or granted Licensed Patent, Patent as long as the claim has not been admitted by GTX Licensor or otherwise caused to be invalid or unenforceable through reissue, disclaimer, or otherwise, or held invalid or unenforceable by a Governmental Authority of competent jurisdiction from whose judgment no appeal is allowed or timely taken taken. 4

Valid Claim. Shall mean any claim of any PATENT RIGHT that has not been (i) finally rejected or (ii) declared invalid by a patent office or court of competent jurisdiction in any unappealed and unappealable decision. decision or (iii) abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.