Valid Claim

Valid Claim. Shall mean a claim of an issued, unexpired patent included within the Corixa Patents or the Joint Patents that has not been (a) held invalid or unenforceable by a final decision of a court or governmental agency of competent jurisdiction, which decision is - ------------------------------------ [*] Confidential Treatment Requested 4 6 unappealable or was not appealed within the time allowed therefor, or (b) admitted in writing to be invalid or... unenforceable by the holder(s) thereof by reissue, disclaimer or otherwise. View More

Valid Claim. Means a claim of a Licensed Patent that has not expired and has not been: (a) abandoned or withdrawn; (b) revoked or held invalid, unenforceable or rejected in a decision of a tribunal of competent jurisdiction (including a patent examiner) and from which no appeal can be taken, or if such appeal can be taken, no appeal has been taken within the applicable deadline; or (c) lost in any interference proceeding.

Valid Claim. Means any claim pending in a patent application or in an unexpired patent that has not been held unenforceable, unpatentable or invalid by a decision of a court or other Governmental Authority of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and that has not been admitted to be invalid or unenforceable through reissue or disclaimer.

Valid Claim. Has the meaning set forth for such term in the Technology License.

Valid Claim. Shall mean a claim of a pending patent application or a claim of an issued and unexpired patent within the GenVec Technology or Joint Patent Rights which has not -5- been held unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction in an unappealed or unappealable decision and has not been admitted to be invalid or unenforceable through reissue, re-examination, disclaimer or otherwise; provided, however,... that if the holding of such court or agency is later reversed by a court or agency with appropriate authority, the claim shall be reinstated as a Valid Claim with respect to Net Sales accruing after the date of such reversal. View More

Valid Claim. Means a claim of an issued and unexpired patent included within the Intellectual Property, which has not been revoked or held unenforceable or invalid by a decision of a court or other Governmental Body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise. For the purposes of this Agreement, a Valid Claim shall also include a claim... in a pending application included within the Intellectual Property, which application (i) is under active prosecution, (ii) for which formal examination has been requested, or (iii) is entitled to provisional protection. View More

Valid Claim. Shall mean (a) a claim of an issued Patent included within the Cypress Patents or the Cypress Formulation Patents, which has not (i) expired or been canceled, (ii) been declared invalid by an unreversed and unappealable decision of a court or other 6. appropriate body of competent jurisdiction, (iii) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or (iv) been abandoned, or (b) a claim under a pending application for a Patent under the Cypress Patents... or the Cypress Formulation Patents. View More

Valid Claim. Means a claim within Patent Rights so long as such ------------- claim shall not have been disclaimed by Pfizer and shall not have been held invalid in a final decision rendered by a tribunal of competent jurisdiction from which no appeal has been or can be taken.

Valid Claim. Shall mean a claim which is contained in an unexpired, issued Patent which has not been held invalid or unenforceable by a decision of a court or patent office of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid by the owner through reissue or disclaimer. [***] A CONFIDENTIAL PORTION OF THE MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. -4-

Valid Claim. Means (a) an issued claim of an issued patent within the CBMX Patents that has not (i) expired or been canceled, (ii) been declared invalid by an unreversed and unappealable decision of a court or other appropriate body of competent jurisdiction, (iii) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, and/or (iv) been abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written agreement; or (b) a claim included in a... pending patent application within the CBMX Patents that is being actively prosecuted in accordance with this Agreement and which has not been (i) canceled, (ii) withdrawn from consideration, (iii) finally determined to be unallowable by the applicable governmental authority (and from which no appeal is or can be taken), and/or (iv) abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written consent. View More