/Docs/Wx/org/defensivepatentlicense/1-1/Sec_Def_0.md
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TiDefinitions
1.sec"{Affiliate}" means a corporation, partnership, or other entity in which the {Licensor} or {Licensee} possesses more than fifty percent (50%) of the ownership interest, representing the right to make the decisions for such corporation, partnership or other entity which is now or hereafter, owned or controlled, directly or indirectly, by {Licensor} or {Licensee}.
2.sec"{Defensive_Patent_Claim}" means an {Infringement_Claim} against a {DPL_User} made in response to a pending prior {Infringement_Claim} by said {DPL_User} against the asserter of the {Defensive_Patent_Claim}.
3.0.sec"{Discontinuation_Announcement}" means a {DPL_User}'s announcement that:
3.1.secdeclares the {DPL_User}'s intent to discontinue offering to license its {Licensed_Patents} under the {DPL}, effective as of the {Discontinuation_Date}; and
3.2.seccontains the {DPL_User}'s contact information for licensing purposes; and
3.3.secat least 180 days prior to the {Discontinuation_Date} is posted to a publicly accessible website; and
3.4.secat least 180 days prior to the {Discontinuation_Date} is communicated reasonably and promptly, along with the URL of the website mentioned in subsection (c) of this provision, by the discontinuing {DPL_User} to every {Licensor} of a {Patent} to which the discontinuing {DPL_User} is a {Licensee}.
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4.sec"{Discontinuation_Date}" means the date a {DPL_User} specifies in its {Discontinuation_Announcement} to discontinue offering to license its {Licensed_Patents} under the {DPL}, which must be at least 180 days after the date of an individual or entity's most recent {Discontinuation_Announcement}.
5.sec"{DPL}" and "{License}" mean the grant, conditions, and limitations herein.
6.0.sec"{DPL_User}" means an entity or individual that:
6.1.sechas committed to offer a license to each of its {Patents} under the {DPL}; and
6.2.sechas declared such commitment by means of an {Offering_Announcement}; and
6.3.secif the entity or individual has made a {Discontinuation_Announcement}, the {Discontinuation_Date} has not yet occurred; and
6.4.sechas not engaged in the conduct described in either Sections 2(e)(i) or 2(e)(ii).
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7.sec"{Effective_Filing_Date}" is the effective filing date determined by the applicable patent office that issued the relevant {Licensed_Patent}.
8.sec"{Infringement_Claim}" means any legal action, proceeding or procedure for the resolution of a controversy in any jurisdiction in the world, whether created by a claim, counterclaim, or cross-claim, alleging patent infringement. Such actions, proceedings, or procedures shall include, but not be limited to, lawsuits brought in state or federal court, binding arbitrations, and administrative actions such as a proceeding before the International Trade Commission.
9.sec"{Licensed_Patents}" means any and all {Patents} (a) owned or controlled by {Licensor}; or (b) under which {Licensor} has the right to grant licenses without the consent of or payment to a third party (other than an employee inventor).
10.sec"{Licensed_Products_and_Services}" means any products, services or other activities of a {Licensee} that practice one or more claims of one or more {Licensed_Patents} of a {Licensor}.
11.sec"{Licensee}" means any individual, corporation, partnership or other entity exercising rights granted by the {Licensor} under this License including all {Affiliates} of such entity.
12.sec"{Licensor}" means any individual, corporation, partnership or other entity with the right to grant licenses in {Licensed_Patents} under this License, including any {Affiliates} of such entity.
13.0.sec"{Offering_Announcement}" means a {Licensor}'s announcement that:
13.1.secdeclares the {Licensor}'s commitment to offer a Defensive Patent License for any of its {Patents} to any {DPL_User}; and
13.2.seccontains the {Licensor}'s contact information for licensing purposes; and
13.3.secis posted to a publicly accessible website.
13.00.secAn {Offering_Announcement} may, but is not required to, specify the particular version of the {DPL} that the {Licensor} is committed to offering. It may also specify a particular version of the {DPL} "or any later version" to allow {Licensees} to accept subsequent new or revised versions of the {DPL}.
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14.sec"{Patent}" means any right, whether now or later acquired, under any national or international patent law issued by a governmental body authorized to issue such rights. For clarity, this definition includes any rights that may arise in patent applications, utility models, granted patents, including, but not limited to, continuations, continuations-in-part, divisionals, provisionals, results of any patent reexaminations, and reissues, but excluding design patents or design registrations.
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