Valid Claim

Valid Claim. Shall mean a claim of an issued and unexpired patent included in the Licensed Patents or Sublicensed Patents which has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time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 disclaimed, denied, or admitted to be invalid or otherwise unenforceable through reissue, reexamination, disclaimer, or otherwise.

Valid Claim. A claim of an unexpired issued patent falling within Patent Rights which shall not have been withdrawn, canceled, or disclaimed nor held invalid by a court, tribunal, arbitrator or governmental agency of competent jurisdiction in a final or unappealed or unappealable decision

Valid Claim. Any claim of an issued and unexpired Patent which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction in an unappealed or unappealable decision, and which has not been disclaimed or admitted to be invalid or unenforceable through reissue or otherwise, which claim would be infringed by the sale by Company of Products but for the licenses granted herein.

Valid Claim. Any claim included in the PDL Queen Patent Family, which claim has not expired or been disclaimed or been held unenforceable or invalid by a governmental agency or court of competent jurisdiction by a decision from which no appeal has been timely taken or may be taken.

Valid Claim. A claim in an unexpired Licensed Patent, on a country-by-country basis, that has not been abandoned or held to be unpatentable by a Patent Office or a Board of Appeals of a Patent Office, or held to be invalid or unenforceable by a final judgment of a court of competent jurisdiction, in each instance from which no appeal can be or is taken.

Valid Claim. Shall mean a claim of an issued patent included within the Licensed Patents, which claim has not lapsed, been canceled or become abandoned and has not been declared invalid or unenforceable by an unreversed and unappealable decision or judgment of a court or other appropriate body of competent jurisdiction, and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise. Notwithstanding the exclusivity of the foregoing license, in the event that Celladon... has not executed exclusive license agreements with respect to the Licensed Patents with each other joint owner of the Licensed Patents (i.e., Edward Diethrich and The Rockefeller University on behalf of Michael Kaplitt; each, a "Joint Owner" and collectively, the "Joint Owners") by the fourth anniversary of the Effective Date, then the foregoing license shall automatically become non-exclusive as of such fourth anniversary. View More

Valid Claim. A claim which, but for the license granted hereunder, would be infringed by Company's use, manufacture or sale of a Licensed Product in a country in the Territory, and which is covered by an issued and unexpired patent in such country included within the Licensed Patents

Valid Claim. Any claim of an issued, unexpired Patent that has not lapsed or become abandoned, or that has not been declared or rendered invalid by reissue, re-examination or disclaimer, or an unreversed, unappealable or unappealed decision or judgment rendered by a court or other governmental agency of competent jurisdiction and which is not subject to an interference action.

Valid Claim. An issued and unexpired patent claim to the extent such claim has not been revoked, held to be invalid or unenforceable by a court of competent jurisdiction in a final unappealable decision and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re-examination, disclaimer, dedication to the public or otherwise

Valid Claim. A claim of an issued and unexpired Licensed Patent that has not been held invalid in an unappealed or unappealable final decision rendered by a court of competent jurisdiction.