Valid Claim
Valid Claim. Means a claim of an issued patent that has neither expired nor been declared invalid or unenforceable by a court or other authority of competent jurisdiction in a final, unappealable decision
Found in
K2M GROUP HOLDINGS, INC. contract
Valid Claim. Shall mean: (a) a claim of an issued and unexpired patent within the Exclusive Patent Rights that has not been (i) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, (ii) rendered unenforceable through disclaimer or otherwise, (iii) abandoned, or (iv) lost through an interference proceeding; or (b) a pending claim of a pending patent application...
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Valid Claim. (i) a pending claim in any patent application within the PATENT RIGHTS that has not been pending for more than six (6) years, or (ii) a claim of any issued patent within the PATENT RIGHTS that has not been held unenforceable or invalid by a final decision of a court or other government agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and that is not admitted to be invalid or unenforceable through reissue, disclaimer or otherwise.
Valid Claim. Shall mean (a) a pending claim of a patent application within the Licensed Patent Rights, which (i) has been asserted in good faith, and (ii) has not been abandoned or finally rejected without the possibility of appeal or refiling; or (b) a claim of an issued or granted and unexpired patent within the Licensed Patent Rights, which has not been held unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within...
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Found in
RAINDANCE TECHNOLOGIES INC contract
Valid Claim. (a) a pending claim of a patent application within Patent Rights, which (i) has been asserted in good faith and (ii) has not been abandoned or finally rejected without the possibility of appeal or refiling; or (b) a claim of an issued or granted and unexpired patent within Patent Rights, (i) which has not been held with finality to be unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, (ii) which has not been rendered unenforceable...
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Found in
RAINDANCE TECHNOLOGIES INC contract
Valid Claim. (a) a claim in an issued and unexpired patent included in the Licensed Patents that: (i) has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, provided, however, that if the holding of such court or governmental agency is later reversed by a court or governmental agency with overriding authority, the claim shall be reinstated as a Valid Claim, (ii) has not been admitted to be invalid or unenforceable through...
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Found in
Achaogen, Inc. contract
Valid Claim. Means a claim of an issued patent that has not expired or 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).
Found in
Vanda Pharmaceuticals Inc. contract
Valid Claim. A claim of an issued and unexpired patent, which claim has not been held invalid or unenforceable, or a claim of a pending patent application. Notwithstanding the foregoing, if a claim of a pending patent application shall not have issued within [***] after the earliest filing date from which such claim takes priority, such claim shall not constitute a Valid Claim unless and until a patent issues with such claim.
Found in
EXAGEN INC. contract
Valid Claim. A claim of (a) an issued Patent that has not expired or been held unenforceable or invalid by an agency or a court of competent jurisdiction, and which has not been admitted to be invalid or unenforceable through reissue, disclaimer, or some other action, provided that if any holding of unenforceability or invalidity is later reversed by a court or agency with overriding authority, the claim will thereafter be reinstated as a Valid Claim, or (b) a pending Patent Application that has not been...
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Valid Claim. Shall mean, with respect to a particular country, either: (i) a claim of an issued and unexpired patent included within the Patent Rights that has not been held permanently revoked, 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 that has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise; or (ii) a claim of a pending patent...
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