Infringed definition

Infringed has the meaning set forth in Section 2.17(e).
Infringed has the meaning set forth in Section 4.16(c).
Infringed or “INFRINGEMENT” shall mean that on a country per country basis, a THIRD PARTY other than CPG or its second CO-EXCLUSIVE licensee hereunder or non exclusive licensees in case of HIV has registered a PLA for a product covered by CPG PATENT claims or is commercially manufacturing, commercially using or importing such a product, provided, however, that if CPG can demonstrate that CPG is, within a six (6) month period following such PLA registration of the THIRD PARTY product, actively negotiating with such THIRD PARTY a license in order to avoid INFRINGEMENT of the PATENT in all countries where such INFRINGEMENT exists and successfully enters into such license agreement, no INFRINGEMENT shall be deemed to exist or have existed. Failing to do so, INFRINGEMENT is deemed to exist as from the end of such six (6) month period. Notwithstanding the foregoing, in case of sale of such THIRD PARTY product, INFRINGEMENT shall be deemed to exist.

Examples of Infringed in a sentence

Applications for FDA Approval to Market a New Drug: Patent Submission and Listing Requirements and Application of 30-Month Stays on Approval of Abbreviated New Drug Applications Certifying That a Patent Claiming a Drug Is Invalid or Will Not Be Infringed, 68 Fed.

Each Party shall give prompt written notice to the other of any suspected or actual Infringement by a third party of all or any portion of the Ipsen Compound Technology, Ipsen Formulation Technology, Nuvios Patent Rights, Nuvios Know-How, Nuvios Inventions, Joint Inventions or Joint Patent Rights (the Infringed Rights) that comes to the attention of that Party during the Royalty Term with respect to any and all countries in the Territory.

Press Release, European Commission, Antitrust: Commission Finds that Motorola Mobility Infringed EU Competition Rules by Misusing Standard Essential Patents (Apr.

The Diversion Audit Report shall contain (inter alia) an estimate or the exact amount of the value of any diverted product in violation of Section 4.1. In no case may the Diversion Audit Report contain sensitive business data of the Accused Party (which information the Infringed Party shall ensure the Diversion Auditor agrees in writing to maintain confidential and not use for any other purpose).

If the Accused Party has admitted actively or passively facilitating Material Diversion or the Diversion Auditor concludes on a balance of probabilities that the Accused Party was actively or passively facilitating Material Diversion, the Accused Party’s liability for Material Diversion affecting the Infringed Party shall be considered proven.


More Definitions of Infringed

Infringed or an “Infringement”), and is not Infringing, any Intellectual Property Right of any Person. No claim of such Infringement is pending or, to the Knowledge of the Company, threatened in writing against the Company or any Company Subsidiary or any Person who may be entitled to be indemnified, defended, held harmless or reimbursed by the Company or any Company Subsidiary for such Infringement. No Company Intellectual Property Rights, Company Intellectual Property Embodiment, or Company Product is subject to any Proceeding or subject to any outstanding order (in each case involving the Company or any Company Subsidiary) that restricts in any manner the use, transfer, or licensing thereof by the Company or any Company Subsidiary of any Company Intellectual Property Embodiment, Company Intellectual Property Rights, or Company Product, or may affect the validity, use, or enforceability of the Company Intellectual Property Rights. Notwithstanding anything to the contrary, this Section 2.17(e) constitutes the sole representation and warranty of the Company with respect to any actual or alleged infringement, misappropriation or other violation of any Intellectual Property Right of any Person, and no other representation or warranty of the Company shall be construed to encompass such subject matter.
Infringed has the meaning assigned thereto in Section 3.4(f).
Infringed has the meaning specified in Section 3.1.19(d).
Infringed have their respective cognate meanings. 1.28. “License” means, with respect to a particular patent or patent application, a right to utilize the subject matter claimed in such patent or patent application, or freedom of suit under such patent or patent application. 1.29. “Licensed 10x Product” means a method, process, system, instrument, reagent, kit, software or other product, the making, using, selling, offering for sale, importing, exporting or other exploitation of which would: (a) but for the Licenses granted in Section 3.1, Infringe a Valid Claim of an Agreement Patent; (b) but for the Licenses granted in the UChicago Sublicense, Infringe a Valid Claim of a Chicago Patent; (c) but for the Licenses granted in the LLNS Sublicense, Infringe a Valid Claim of an LLNS Patent; or (d) but for the Licenses granted in the Bio-Rad to 10x Harvard Sublicense, Infringe a Valid Claim of a Harvard/Bio-Rad Patent; provided that, in each case of (a), (b), (c) and (d), the Licensed 10x Products exclude any method, process, system, instrument, reagent, kit, software or
Infringed or “Infringement” has the meaning set forth in Section 2.17(e).
Infringed has the meaning set forth in SECTION 3.1(n)(ii).
Infringed has the meaning set forth in Section 5.12(a).