Valid Claim

Valid Claim. (a) in the case of an issued and unexpired patent under the Intellectual Property Rights, a claim 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 abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise; or (b) in the case of a pending patent application,... a pending claim that has not been cancelled, withdrawn, abandoned or finally disallowed without the possibility of appeal or refiling of such application. View More

Valid Claim. (i) an issued claim of any unexpired Licensed Patent or (ii) a claim of any pending Licensed Patent that, in each case of (i) or (ii), 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 unappealable or unappealed within the time allowed for appeal and has not been disclaimed or admitted to be invalid or unenforceable through reissue, re-examination, disclaimer or otherwise; [***]

Valid Claim. Means (a) a claim of an issued and unexpired patent, which claim has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction and that has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re-examination or disclaimer or otherwise, or (b) a claim of a patent application that has not been pending more than seven (7) years from the date of receipt of the first... office action on a country by country basis, which claim has not been cancelled, withdrawn or abandoned or finally rejected by an administrative agency from which no appeal may be taken. View More

Valid Claim. (a) for the first [***]years after Effective Date, a claim of an unexpired patent or pending application for a patent, wherein the claim (i) has not lapsed, (ii) has not expired, or (iii) has not been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can or is taken, and (b) after the [***] anniversary of the Effective Date, a claim of an unexpired patent or pending application, wherein the claim (i) has not lapsed, (ii) has not expired, (iii) has... not been held to be invalid, unpatentable or otherwise unenforceable by a final judgment of a court of competent jurisdiction from which no appeal can or is taken View More

Valid Claim. Shall mean a claim of an issued patent within the Licensed Patents that has not lapsed, expired, been cancelled, or become abandoned, and has not been held invalid by a court or other appropriate body 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.

Valid Claim. (a) a claim of an issued and unexpired patent 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 admitted to be invalid or unenforceable through reissue or disclaimer or otherwise or (b) a pending claim of a pending patent application, which application (i) has not been pending for longer than [***] years from the first... substantive office action in such application or longer than [***] from the earliest priority filing date for the claim, whichever is longer, and (ii) has not been abandoned or finally rejected without the possibility of appeal or refiling or without such appeal having been taken or refiling having been made within the applicable time periods. View More

Valid Claim. Means a claim in HYBRID Patent Rights that has not been: (a) canceled; (b) revoked or declared invalid and/or unenforceable by an unreversed and unappealable or unreversed and unappealed decision of a court or other appropriate body of competent jurisdiction; (c) admitted to be invalid or unenforceable through disclaimer, or surrendered during a reissue or reexamination; or (d) abandoned.

Valid Claim. (a) a claim of an issued and unexpired patent 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 admitted to be invalid or unenforceable through reissue or disclaimer or otherwise, or (b) a claim of a pending patent application that was filed and has been prosecuted in good faith and has not been (i) cancelled, withdrawn,... abandoned or finally disallowed without the possibility of appeal or refiling of such application, or (ii) pending for more than [***] since such claim was first presented or is the result of amending another claim pending for more than [***] (either in the same application or in another application in the same jurisdiction) so as to add or delete an obvious limitation, so as to make a trivial or nonsubstantive change, or so as to change a matter of form. In the case of (ii) in the preceding sentence, if a patent subsequently issues including such claim after such [***] time period, such claim shall fall within the definition of Valid Claim in accordance with clause (a) of this definition from and after the date of issuance of such patent including such claim. View More

Valid Claim. Means a claim of a patent or patent application in any country that (i) has not expired; (ii) has not been disclaimed; (iii) has not been cancelled or superseded, or if cancelled or superseded, has been reinstated; and (iv) has not been revoked, held invalid, or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim in such country from which no further appeal has or may be taken. If a claim of a pending patent application... has not issued and is pending for more than [***] years after the receipt of the first office action from the relevant patent office in the applicable patent family, such pending claim shall cease to be a Valid Claim after the [***] anniversary of the date of receipt of such first office action and until such time as such claim issues (upon which, subject to the conditions above, it will become a Valid Claim). If and when appropriate, UCSF and Licensee will develop a strategy for expedited prosecution of the patent applications within the Patent Rights and Licensee will reimburse UCSF for any documented out-of-pocket costs associated with such expedited prosecution. View More

Valid Claim. Means a claim (a) of a pending patent application within the Patent Rights that has not been pending for more than [***] years from the first office action on the merits (i.e., other than a restriction requirement) in the relevant patent family, and has not been abandoned or finally rejected without the possibility of appeal or refiling or without such appeal having been taken or refiling having been made within the applicable time period specified for appeal, or (b) of an issued and unexpired... patent within the Patent Rights that has not been (i) held invalid, permanently revoked, unpatentable or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order that is not subject to appeal or has not been appealed within the applicable time period specified for appeal, (ii) canceled, disclaimed or rendered unenforceable through disclaimer or otherwise, or (iii) abandoned. View More