Patent Assertion definition

Patent Assertion means either of the following assertions of rights under a Patent against a third party: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent. For the avoidance of doubt, and notwithstanding the foregoing, the following shall not be considered a Patent Assertion by a first Entity: (1) assertion of a claim or counterclaim or institution of an action or proceeding by such first Entity, in each case to establish the invalidity, non-Infringement or unenforceability of a Patent, including but not limited to a declaratory judgment action, in response to a Patent Assertion of such Patent against such first Entity, (2) institution of a reexamination proceeding or other post-grant challenge of a Patent in a patent office, whether or not in response to a Patent Assertion of such Patent against such first Entity, (3) providing a claim chart or other demonstration that a Patent of such first Entity may cover one or more Products and Services of a second Entity in the course of cross-license negotiations with such second Entity, and (4) asserting or instituting a claim, action or proceeding for Infringement in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, against a second Entity or its Affiliate in response to a claim of Infringement made in a Patent Assertion brought by the second Entity or its Affiliate against the first Entity or its Affiliate, or against another Entity based upon alleged Infringement by any of the first Entity’s or its Affiliate’s Products and Services, provided (i) that such claim by the first Entity is asserted at any time as a counterclaim in the same Patent Assertion filed by the second Entity or its Affiliate or (ii) such action or proceeding is filed within two (2) years after the first filing of the Patent Assertion by the second Entity or its Affiliate.
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Patent Assertion means either: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of a Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, ac- tion or proceeding in a judicial, administrative or other governmental body based on a claim of Infringement of such Patent.
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Patent Assertion means either of the following assertions of rights under a Patent against another Entity: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission, based in whole or in part on a claim of Infringement of such Patent.
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Examples of Patent Assertion in a sentence

  • Solutions to the Non-Practicing Entity Patent Assertion Problem: The Risks for Biotechnology and Pharmaceuticals, 39 DEL.

  • In the event that Licensee makes a Qualifying Patent Assertion against Polycom or any of its subsidiaries, Polycom may immediately terminate all patent rights conveyed herein.

  • Polycom agrees that in the event that it asserts Licensed Patents against Licensee, Polycom will not request or demand an injunction with respect to Licensed Patents unless Licensee has requested or demanded an injunction as part of its Qualifying Patent Assertion (or in subsequent related assertions).

  • Polycom further agrees that in the event that it asserts Licensed Patents against Licensee, that any license terms for the Licensed Patents will not exceed reasonable terms and conditions that are demonstrably free of any unfair discrimination, provided that Licensee agrees to the same for any of the patents in the Qualifying Patent Assertion.

  • A Qualifying Patent Assertion is an accusation of patent infringement qualifying under 35 U.S.C. §287 as notice in the event of a failure to ▇▇▇▇ and wherein the accusation regards making, using, selling or importing a Polycom product or service, or a component thereof.

  • The parties acknowledge that the intent of this section is to give Polycom the right to assert Licensed Patents against Licensee in the event that Licensee Makes a Qualifying Patent Assertion.

  • The Defending Member will indemnify the Owner Member and COPA (if applicable) for all reasonable costs, attorneys’ fees, expenses, judgements, awards and other amounts incurred by the Owner Member or COPA (if applicable) with respect to the Defensive Patent Assertion.

  • If there are more than one Defending Members involved in a particular Defensive Patent Assertion, they may agree on the allocation of costs and fees among themselves.

  • The Defending Member will bear all of its own costs and fees associated with the Defensive Patent Assertion (including all litigation expenses, legal fees, fees related to any United States Patent and Trademark Office or similar non-U.S. government agency action, and expert and consultant fees).

  • It is COPA’s and the Members’ intention that if COPA receives the rights to assert the Transferred Patent, COPA will (i) assert the Transferred Patent against the Asserting Entity, and (ii) pursue the assertion for the benefit of the Defending Member with respect to the Defending Member’s Offensive Patent Assertion.


More Definitions of Patent Assertion

Patent Assertion means either of the following assertions of rights under a Patent against a third party, other than a Defensive Patent Claim: (i)
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Patent Assertion means any of the following assertions of rights under a Patent against another Person (a) a written demand, allegation or assertion of a claim of infringement or an invitation to license, that would lead a recipient to understand that such demand, allegation, or assertion or refusal of such invitation will likely result in a claim, action, or proceeding in a judicial, administrative, or other governmental body, including but not limited to a court (in any country) or the U.S. International Trade Commission for infringement of such Patent for the primary purpose of deriving royalties or other monetary compensation (a “Filed Claim”), or (b) the commencement or subsequent pursuit of a Filed Claim.
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Patent Assertion means (1) asserting by written or oral demand a claim of patent infringement for the primary purposes of deriving royalties or other monetary compensation under the patent or (2) the commencement of subsequent pursuit of a claim, action, or proceeding in a judicial, administrative, or other governmental body based on a claim of patent infringement.
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Related to Patent Assertion

  • Patent Rights means all patents and patent applications (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Joint Patents has the meaning set forth in Section 8.1.