Sentences with phrase «disputed claim terms»

Serving as lead litigation counsel in two patent infringement cases involving methods for intron - sequence analysis DNA and genomic mapping, including obtaining a favorable claim construction ruling on all 15 disputed claim terms which drove a favorable settlement.

The construction of disputed claim terms often determines whether an accused product infringes the patent and can be pivotal to invalidity defenses.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the online services, the Content, these Terms of Service, whether heretofore or hereafter arising or to any of NBCUniversal's actual or alleged intellectual property rights (collectively, a «Section 27 Dispute»), then you and we agree to send a written notice to the other providing a reasonable description of the Section 27 Dispute, along with a proposed resolution of it.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration («Arbitration») administered by JAMS or its successor («JAMS») and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $ 100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the «Applicable Rules»).

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Massachusetts, USA without regard to its conflicts of laws provisions.

Any claim related to any dispute arising as a result of the site or under these Terms shall be made before a court of competent jurisdiction located in the Commonwealth of Massachusetts.

Few would dispute that corporate tax cuts increase corporate profits, elevate executive compensation and probably boost short - term shareholder returns.  But to claim they pay for themselves by increasing revenues?

If you disagree that your Trust claim has been resolved in accordance with the terms of the Notice of Resolution Letter; or you disagree with the Notice of Trust Claim Revision or Disallowance, you may dispute these findings by delivering one of the following fclaim has been resolved in accordance with the terms of the Notice of Resolution Letter; or you disagree with the Notice of Trust Claim Revision or Disallowance, you may dispute these findings by delivering one of the following fClaim Revision or Disallowance, you may dispute these findings by delivering one of the following forms:

Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you.

He was even defending it before being promoted to Undisputed (also think they need to find a better term than Undisputed for the non-Interim title since how can it be undisputed when someone else has an interim belt that basically disputes the claim of undisputed?)

You hereby indemnify Sleep Lady Solutions, LLC and undertake to keep Sleep Lady Solutions, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sleep Lady Solutions, LLC to a third party in settlement of a claim or dispute on the advice of the legal advisers of Sleep Lady Solutions, LLC,) incurred or suffered by Sleep Lady Solutions, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

These terms, their subject matter and formation and any non-contractual disputes or claims are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in relation to them.

The effort, the lawmakers said at a news conference, is aimed at satisfying the terms of the Campaign for Fiscal Equity lawsuit — a claim for additional state aid to schools that is staunchly disputed by Gov. Andrew Cuomo's administration.

Advocates argue the state is failing to meet the terms of a lawsuit over funding equity, a claim the Cuomo administration has dispute.

While Willsboro Central Superintendent Stephen Broadwell said he was «very pleased» with the report, his official response appears to directly dispute the findings, claiming that the district has «prepared itself well for future adversity and long - term sustainability.»

By enrolling I understand and agree to the privacy policy and terms of service, including the use of arbitration and the waiver of any class or group claim to resolve disputes.

You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site shall be determined by binding arbitration instead of in courts of general jurisdiction.

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

The resolution of any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including this Privacy Policy, will be governed by the Arbitration Agreement in Section 26 of HBO's Terms of Use.

The government launched the legal challenge to avert the strike over funding cuts, claiming that it was an unlawful dispute based on political grounds instead of a trade dispute about terms and conditions.

12.1 The User agrees to indemnify, defend and hold Auto & General, its partners, affiliates, contractors, officers, directors, employees and agents harmless against, all liabilities, damages and costs including attorney fees and costs payable to third parties arising out of a claim or dispute against Auto and General arising directly or indirectly from the User's acts and / or omissions to act in using the Services pursuant to the Terms.

In general terms, Hachette has claimed that the dispute is about money, whereas Amazon has claimed that it is about e-book pricing.

A «CLAIM» IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND PyramidCreditRepair.com, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OF FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

a) These Terms of Use (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) and our Privacy Policy shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.

If any controversy, allegation or claim arises out of or relates to the sites, the materials, your use of the sites, and these Terms, (collectively, «Dispute»), or to any of the sites actual or alleged intellectual property rights (an «excluded dispute»), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolutionDispute»), or to any of the sites actual or alleged intellectual property rights (an «excluded dispute»), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolutiondispute»), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolutionDispute or excluded dispute, along with a proposed resolutiondispute, along with a proposed resolution of it.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

In joining the Programme, you are agreeing to submit to the non-exclusive jurisdiction of the English Courts in relation to any dispute or claim arising out of or in connection with the Programme, these Flying Club Terms, their subject matter or their formation (including non-contractual disputes or claims).

Members agree that any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force and as may be amended by the rest of this clause.

Terms and conditions for the Booking of surf lessons through our site and any dispute or claim arising out of or in connection with that Booking the Contract with the Surf School owner or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

The term «junk science», as used in political and legal disputes in the United States, brands an advocate's claims about scientific data, research, analyses as spurious.

Successfully resolving claims against clients for over 25 years on terms favorable to clients, including technology vendor contract disputes and other commercial litigation, lease disputes for national and regional companies, and early resolution of several class action claims against national retailers and international travel company.

Rachel is also experienced in handling ERISA matters involving disputes over long - term disability benefits, individual disability claims, group and individual life insurance disputes, housing matters, coverage issues, attorney and accountant malpractice matters.

Set up some okay to lose points: Per the last point, there will be plenty of claim terms in dispute that, regardless of who wins, it won't matter to you.

We have assisted clients with insurance disputes, including claims for long - term disability insurance.

These Terms of Use and the Privacy and Cookies Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.

In turn, these disputes often lead to claims against insurance brokers for a failure to ensure placement of adequate insurance or to explain the terms of the policy and the consequences of breaching those terms.

In terms of value, acting in an LCIA arbitration concerning shareholder rights in a major aluminium producer — the dispute concerned contracts worth some $ 48bn and is reportedly the largest ever claim brought before the LCIA.

His work has included advising on front end terms for tenders, drafting construction contracts and evaluating construction claims, design issues, change order disputes, extras, delay, contractual interference, and termination.

Another gateway is where the dispute relates to a contract which is governed by English law or contains a term conferring jurisdiction on the English Courts to determine any claim in respect of the contract.

In particular, we want to point out that by accepting these Terms, you and we are agreeing to arbitrate any dispute between us, and you are giving up your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action.

Robert's commercial disputes experience has focused on the energy sector and includes representing a multinational energy company in a $ 150 million ICC arbitration concerning the impact of government - imposed price renegotiation in the coal industry; representing an oil & gas major in a dispute under a long term gas supply agreement in relation to an off - shore West African field; defending a Russian energy infrastructure company in LCIA arbitration proceedings; and advising an oil major on potential claims under a bi-lateral investment treaty related to corruption charges and maltreatment of company officers.

Superyacht — build dispute (2013 - 2015): instructed on behalf of shipyard in multi-million Euro arbitration dispute and Commercial Court appeal defending claims for liquidated damages and advancing claims for damages for additional build costs, breach of terms of build contract including terms relating to advertising and promotional activities and late payment of instalments etc..

Chronic Fatigue Litigation Chronic Fatigue insurance claims disputes are often related to the entitlements listed in a long - term disability insurance policy that has been purchased by an employer or the individual.

Litigation involving architecture usually involves some failure in the construction process, a dispute over lease terms like sight lines or common areas, an insurance claim involving an allegedly negligent design, or the responsibility for a building damaged in a natural disaster.

Chronic pain is also seen in a number of long term disability claims and insurance disputes involving the entitlement to long term disability or private disability benefits.