Valid Claim

Valid Claim. Shall mean a claim of an issued and unexpired patent which has not been [*].

Valid Claim. Means a claim within Patent Rights so long as such claim shall not have been disclaimed by Pfizer (in the case of Patent Rights within the Pfizer Technology) or by Megan (in the case of Patent Rights within the Megan Technology) 5 or both (in the case of Patent Rights within the Program Technology) 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. Means (a) any issued claim of any Patent Right that has not been permanently revoked, nor held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction that is unappealable or unappealed in the time allowed for appeal, and which has not been cancelled, withdrawn or abandoned or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise and (b) any claim of a pending patent application that has not been abandoned, finally... rejected or expired without the possibility of appeal or refiling, provided however, that not more than [***] have elapsed from the earliest priority filing date for such application. View More

Valid Claim. Means a claim of an issued and unexpired patent or a patent term extension or a supplementary protection certificate within the Acquired Patent Rights Covering [***], which claim has not been held invalid or unenforceable by a court or other government agency of competent jurisdiction from which no appeal can be or has been taken and has not been held or admitted to be invalid or unenforceable through re-examination or disclaimer, opposition procedure, nullity suit or otherwise. 5

Valid Claim. Shall mean a claim of an issued and unexpired patent within the Licensed Patents that has not been held invalid or unenforceable by a court or other appropriate governmental body of competent jurisdiction in a ruling that is unappealed or unappealable within the time allowed for appeal. The term "Valid Claim" shall also include the claims of a pending patent application within the Licensed Patents.

Valid Claim. Shall mean, with respect to a particular country: (a) any claim of an issued and unexpired patent in such country that (i) has not been held permanently revoked, unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction, which decision is unappealable or unappealed within the time allowed for appeal and (ii) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise in such country; or... (b) a claim of a pending patent application where such claim has been pending for a period of up to [***] from the first substantive office action considering the patentability of such claim by the applicable patent office in such country. 4 1.28. View More

Valid Claim. Means: A. Any claim(s) in an unexpired patent or pending in a patent application included within the LICENSED PATENTS which has not been held unenforceable, unpatentable, 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. B. In any patent application which includes claims that encompass... the invention described by U.S. Patent Application No. 08/121,582, filed September 15, 1993 entitled "Radioimmunotherapy of Lymphoma Using the Anti-CD20 Antibodies," [*]. View More

Valid Claim. Shall mean a claim of an [*] or a claim of a [*], in either case included in the Corixa Patents or the Joint Patents, that has not been (a) [*], which [*] or was not [*] or (b) [*].

Valid Claim. Shall mean a claim in an issued patent or unexpired patent or patent application within the Licensed Patent Rights that, (a) has not been finally cancelled, withdrawn, abandoned or rejected by any administrative agency or other body of competent jurisdiction not subject to further appeal, (b) has not been revoked, held invalid, or declared unpatentable or unenforceable in a decision of a court or other body of competent jurisdiction that is unappealable or unappealed within the... time allowed for appeal, and (c) has not been rendered unenforceable through disclaimer or otherwise. View More

Valid Claim. Means a claim of Patent Rights that has not been held invalid by a court of competent jurisdiction beyond possibility of appeal.