Valid Claim

Valid Claim. Means a claim of a patent or patent application that (i) has not expired; (ii) has not been disclaimed; (iii) has not been cancelled or superseded, or if cancelled or superseded, has been reinstated; and (iv) has not been revoked, held invalid, or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim from which no further appeal or refiling has or may be taken.

Valid Claim. Means an unexpired claim of an issued and unexpired 5 * Portions of this exhibit have been omitted and filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. patent forming part of the Patent Rights, which claim has not been declared invalid by an unappealed or unappealable order of a court or... other tribunal of competent jurisdiction. View More

Valid Claim. Shall mean a claim of a Ramot Patent Right or Joint Patent Right so long as such claim shall not have been held invalid in a final non-appealable court judgment or patent office decision, in the relevant jurisdiction.

Valid Claim. Means a claim of any issued and unexpired patent that has not been disclaimed, revoked or held unpatentable, invalid or unenforceable by an unappealable final decision of a court or other governmental agency of competent jurisdiction.

Valid Claim. Any claim contained in any patent application or in any issued patent included within the Patent Rights, which has not been abandoned or declared invalid in a non-appealable order, as the case may be, and which would be infringed by the manufacture, use, sale, offer for sale or import of a Licensed Product in the absence of the license granted under the License Agreement; provided that, in the case of a patent application that has not issued, not more than ten (10) years has elapsed from the... filing date to which the claim is entitled. View More

Valid Claim. Shall mean a claim of any pending patent application within the Patent Rights, and any claim of any unexpired granted patent within the Patent Rights, which claim has not (i) been disclaimed, abandoned, withdrawn, or canceled (provided that claims that have been withdrawn or canceled solely in response to a restriction requirement shall not cease to be Valid Claims); (ii) been finally rejected or held invalid by a decision of a patent-granting authority beyond right of review or appeal; or... (iii) been held invalid or unenforceable in an unappealable decision of a court or competent body having jurisdiction (including a decision which as appealable, but which was not timely appealed). View More

Valid Claim. Means any claim of an issued and unexpired patent which has not been held unenforceable, unpatentable nor invalid by a decision of a court or governmental agency of competent jurisdiction, unappealed and unappealable within the time allowed for appeal nor has been admitted by the patent holder to be invalid or unenforceable through reissue, disclaimer or otherwise. CMS shall have the right to sublicense to third parties with the prior written approval of NDD.

Valid Claim. Means any claim of an issued and unexpired patent which has not been held unenforceable, unpatentable nor invalid by a decision of a court or governmental agency of competent jurisdiction, unappealed and unappealable within the time allowed for appeal nor has been admitted by the patent holder to be invalid or unenforceable through reissue, disclaimer or otherwise.

Valid Claim. Means a claim of any issued and unexpired patent right under the Skye Patents or Joint Patents (excluding Acquired Joint Patents, if any) which has not been finally canceled or declared invalid by a patent office or by a court of competent jurisdiction in any unappealed and unappealable decision.

Valid Claim. Means any claim under any issued patent within the Patent Rights, that has not been donated to the public, disclaimed, (to the extent that it is not disclaimed) canceled, withdrawn, abandoned, revoked, or finally rejected or otherwise found unpatentable or held invalid or unenforceable by an unreversed and unappealable decision or judgment by a court other appropriate body of competent jurisdiction.