Valid Claim

Valid Claim. The term 'Valid Claim' shall mean a claim of an issued and unexpired patent within the Licensed Patent Rights 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 Patent Rights which have not been pending for a period of more than seven (7)... years from the date of first examination on the merits of that patent application. View More

Valid Claim. Shall mean a claim of an issued, unexpired patent that has not been revoked or held unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction from which no appeal can be taken, or with respect to which an appeal is not taken within the time allowed for appeal, and that has not been disclaimed or admitted to be invalid or unenforceable through reissue, re-examination, disclaimer or otherwise.

Valid Claim. Means, with respect to any country, a claim of (a) an issued and unexpired patent (as may be extended through supplementary protection certificate or patent term extension or the like) included within the Repligen Patents or the Scripps Patents, as the case may be, to the extent such claim has not been revoked, held invalid or unenforceable by a patent office, court or other governmental agency of competent jurisdiction in a final and non-appealable judgment (or judgment from which no appeal... was taken within the allowable time period) and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re-examination or disclaimer or otherwise or (b) a pending patent application that has not been cancelled, withdrawn or abandoned; provided, however, that if a claim of a pending patent application shall not have issued within [**Confidential Treatment Requested**] after the earliest filing date from which such claim takes priority, such claim shall not constitute a Valid Claim for the purposes of this Agreement unless and until a patent issues with such claim[**Confidential Treatment Requested**] View More

Valid Claim. A bona fide claim of any issued or pending CONKWEST Patent or patent rights included in the FCCC Rights whose enforceability has not been affected by one or more of any of the following: (i) irretrievable lapse, expiration, revocation, cancellation or abandonment, and/or (ii) holding of unenforceability or invalidity by a decision of a court or other appropriate body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and/or (iii) disclaimer or admission of... invalidity or unenforceability through reissue or re-examination or opposition, nullity action or invalidation suit response or otherwise View More

Valid Claim. 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 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. Shall mean a bona fide, unexpired issued or pending claim in the Patents that has not been held invalid or unenforceable 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 by QMUL or its successors or assigns through reissue or disclaimer.

Valid Claim. A claim in a granted patent for the Tokai Product that: (a) has not lapsed, expired or been disclaimed and (b) and that has not been revoked, held invalid or otherwise declared unenforceable by a final judgment of a court, tribunal or patent authority of competent jurisdiction from which no appeal has or can be taken; or a claim in a patent application that has not been: (i) abandoned or disclaimed, or (ii) finally rejected or disallowed by an appropriate administrative agency or court of... competent jurisdiction from which no appeal has or can be taken, or (iii) [**] View More

Valid Claim. (a) a claim of a pending patent application that has not been pending for longer than seven years (or such longer time period as may be permitted under applicable law), or (b) a claim of an issued and unexpired Patent that has not been held invalid or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order

Valid Claim. (a) a claim of an issued patent within the Licensed Patents which has not expired and which has not been held invalid or unenforceable by decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed with the time allowed for appeal having expired, or which has not been admitted to be invalid through reissue, reexamination, disclaimer or otherwise; or (b) any claim of a pending patent application within the Licensed Patents unless such application has... been pending for more than [*] years. Any term not defined in this Section 1 shall have the meaning ascribed to it below. View More

Valid Claim. The term 'Valid Claim' shall mean a claim of (a) an issued and unexpired patent included in the Licensed Patent Rights which has not been held unenforceable, unpatentable or invalid by a decision of a court or 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, or (b) a patent application included in the Licensed Patent Rights that... has not been cancelled, withdrawn or abandoned and that does not have a priority date more than [**] years earlier. View More