Valid Patent Claim

Valid Patent Claim. Means with respect to the Product any claim of any issued and unexpired patent included within the Licensed Patents which has not been held revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unless and until reinstated, and which has not been admitted to be invalid or unenforceable.

Valid Patent Claim. Means 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. If in any country there should be two or more such decisions conflicting with... respect to the validity of the same claim, the decision of the higher to highest tribunal shall thereafter control; however, should the tribunal be of equal rank, then the decision or decisions upholding the claim shall prevail when the conflicting decisions are equal in number, and the majority of decisions shall prevail when the conflicting decisions are unequal in number. View More

Valid Patent Claim. Shall mean either (a) a claim of an issued and unexpired patent included within the * * * Patent Rights, which claim has not been held permanently revoked or declared unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction which is 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... included within the * * * Patent Rights, which claim was filed in good faith and has not been abandoned or finally disallowed without the possibility of appeal or the refiling of said application. View More

Valid Patent Claim. Means a claim of an issued and unexpired patent forming part of the Neose Patents that has not been held revoked, unenforceable or invalid by a decision of a court or other government agency of competent jurisdiction, or unappealable or unappealed within the time allowed for appeal, or which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise. For the purposes of determining royalties due and payment obligations under this Agreement, any claim being... prosecuted in a pending patent application included in the Licensed Patents shall be deemed a Valid Patent Claim, provided that such claim is not pending for more than ****** in which the subject matter of the claim is disclosed, after which period it shall cease to be considered a Valid Patent Claim until the patent issues. View More

Valid Patent Claim. A claim of an issued and unexpired Patent licensed to Teva under this Agreement, which has not been revoked or 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 disclaimed, denied or admitted to be invalid or unenforceable through reexamination, reissue, disclaimer or otherwise. For the purposes hereof, Valid Patent Claim shall include... any patent term extension such as but not limited to supplementary protection certificates pursuant to Council Regulation (EEC) No. 1768/92, any Pediatric Exclusivity Extension, and foreign equivalents of any of the foregoing relating to such patents. View More

Valid Patent Claim. A claim of an issued and unexpired patent which has not been revoked and 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 disclaimed, denied or admitted to be invalid or unenforceable through reexamination, reissue, disclaimer or otherwise.

Valid Patent Claim. Means any claim of an issued Licensed Patent that has not expired or been held unenforceable or invalid by a final unappealable or unappealed order of a court or agency of competent jurisdiction.