Invalidity or Unenforceability Action definition

Invalidity or Unenforceability Action means, with respect to any Patent claim, any written allegation of invalidity or unenforceability of such Patent claim by a Third Party, including (a) in a declaratory judgment action; (b) as a defense or counterclaim to a suit or other action enforcing such Patent; or (c) in any proceeding originating in a patent office, including any opposition proceeding, inter partes review proceeding, post grant review proceeding, interference proceeding, reissue proceeding, reexamination proceeding or other post-grant proceeding originating in a patent office.
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Examples of Invalidity or Unenforceability Action in a sentence

  • With respect to the defense of any Invalidity or Unenforceability Action controlled by a Party pursuant to Section 10.5(b)(ii), such Party shall be solely responsible for all Patent Costs incurred by such Party in connection with such defense, and any Patent Costs incurred by the other Party or any of its Affiliates in connection with any cooperation requested by such Party with respect to such defense.

  • If an Invalidity or Unenforceability Action with respect to a Joint Patent arises as a counterclaim to an enforcement action initiated pursuant to Section 6.4(b), then the enforcing Party with respect to such Joint Patent shall have the first right, but not the obligation, to defend such Invalidity or Unenforceability Action, using counsel of its own choice.

  • Subject to Section 10.5(b)(i), Galapagos shall have the sole right and authority, but not the obligation, to defend any Invalidity or Unenforceability Action with respect to each claim in a Galapagos Patent and Joint Collaboration Patent that is not a Program Claim claiming or covering an Optioned Molecule or Optioned Product.

  • Each Party shall provide to the Party defending any Invalidity or Unenforceability Action with respect to any Program Claim under this Section 10.5 all reasonable assistance in such defense, at such defending Party’s request and expense.

  • If either Party becomes aware of any Invalidity or Unenforceability Action with respect to any Galapagos Patent, Joint Collaboration Patent or Gilead Collaboration Patent, then such Party shall promptly notify the other Party in writing thereof and provide evidence in such Party’s possession with respect thereto.

  • If the Party with the first right to defend any Invalidity or Unenforceability Action under this Section 6.5(b) elects not to defend such action, then such Party shall so notify the other Party in writing, and such other Party shall have the right, but not the obligation, to defend such action, at such other Party’s expense.

  • Principia shall have the first right, but not the obligation, to defend any Invalidity or Unenforceability Action with respect to any Principia Non-Program Patent, using counsel of its own choice.

  • If Galapagos does not elect to defend any such Invalidity or Unenforceability Action, then, unless Galapagos has a bona fide strategic reason for not defending such Galapagos Patent or Joint Collaboration Patent, subject to Section 10.5(b)(i), Gilead shall have the second right and authority, but not the obligation, to defend such Invalidity or Unenforceability Action with respect to any such Program Claim.

  • If any Invalidity or Unenforceability Action with respect to any Galapagos Patent or Gilead Collaboration Patent is brought as a defense or counterclaim to a suit or other action enforcing such Patent under Section 10.5(b)(i), then all Patent Costs incurred by either Party in connection with defending such Invalidity or Unenforceability Action shall be allocated in accordance with Section 10.4(h).

  • Sanofi shall have the first right, but not the obligation, to defend any Invalidity or Unenforceability Action with respect to any Principia Program Patent, using counsel of its own choice.

Related to Invalidity or Unenforceability Action

  • Invalid means one who is physically or mentally incapacitated.

  • Illegality has the meaning specified in Section 5(b).

  • Enforceability Limitations means (i) bankruptcy, insolvency, reorganization, moratorium or similar laws now or hereafter in effect affecting or limiting the enforcement of creditors’ rights generally and (ii) the discretion of the appropriate court with respect to specific performance, injunctive relief or other equitable remedies.

  • invalid carriage means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person;

  • Illegality Event means that: