Valid Claim

Valid Claim. Shall mean either (a) a claim of an issued and unexpired patent included within the VICAL PATENTS, which has not been held unenforceable, unpatentable or invalid by a court or other governmental agency of competent jurisdiction, and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or (b) a claim in a hypothetical issued patent corresponding to a pending claim in a patent application within the VICAL PATENTS, provided that if such pending claim... has not issued as a claim of an issued patent within the VICAL PATENTS, within six (6) years after the filing date from which such patent application takes priority, such pending claim shall not be a VALID CLAIM for purposes of this Agreement. In the event that a claim of an issued patent within the VICAL PATENTS is held by a court or other governmental agency of competent jurisdiction to be unenforceable, unpatentable or invalid, and such holding is reversed on appeal by a higher court or agency of competition jurisdiction, such claim shall be reinstated as a VALID CLAIM hereunder. View More

Valid Claim. Shall mean a claim of any issued and unexpired patent within the Matritech Patent Rights and/or the MIT Patent Rights which has not lapsed, become abandoned or been held revoked, invalid, or unenforceable by a decision of a court or administrative or government authority or agency of competent jurisdiction from which no appeal can be or has been taken within the time allowed for such appeal, and which has not been admitted to be invalid or unenforceable... through reissue, disclaimer or otherwise. View More

Valid Claim. Means ***.

Valid Claim. An unexpired claim of an issued, unexpired United States patent which has not been invalidated, or a claim of a United States patent application which has not been finally rejected and which has been pending for less than five years.

Valid Claim. Means any claim of the issued and unexpired patents included within the Patents that has not been held unenforceable or invalid by any court, governmental agency, ***Confidential Treatment Requested 8 regulatory authority, arbitral tribunal or other body of competent jurisdiction in any unappealable or unappealed decision.

Valid Claim. Means a claim of an issued, unexpired Company Patent Right that has not lapsed or become abandoned and that has not been declared or rendered invalid by reissue, disclaimer or an unreversed or unappealable decision or judgment rendered by a court or other governmental agency of competent jurisdiction. Valid Claim shall also mean a claim of an application pending not longer than five (5) years after its earliest filing date.

Valid Claim. Means a claim of any issued, unexpired United States or foreign patent, which shall not be disclaimed, nor held invalid or unenforceable by a court of competent jurisdiction in an unappealed or unappealable decision.

Valid Claim. Means with respect to the claim of a Patent Right licensed under this Master Agreement, a claim that has not been held permanently invalid or otherwise unenforceable by a court of competent jurisdiction whose holding is not appealable or is not appealed within the time allowed for appeal.

Valid Claim. The term "Valid Claim" shall mean a claim of any issued 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 in a ruling that is unappealed or unappealable. 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 *** from the earliest priority... date of the patent application. View More

Valid Claim. Means a claim under an issued patent or a patent application, which has not (i) expired or been canceled, (ii) been declared invalid by an irreversible 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, or (iv) been abandoned.