Sentences with phrase «of claim terms»

Assuming the Canadian courts continue to exclude consideration of the patent prosecution when construing claim terms, it is possible for courts in the United States and Canada to come to opposite conclusions on the meaning of claim terms even if the patents are the same.

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.

Thus, the claim construction in MEMS Technology did not require that a package be mounted via surface or through - hole mounts, such that even if we were to look to MEMS Technology, we would find no inconsistency with the PTAB's construction of the claim term «package» here.

(The implication being that the Examiner should have required claim amendments that reflected the patentee's definition of a claim term and did not).

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.

«Because of our emphasis on the long - term, we may make decisions and weigh tradeoffs differently than some companies... We will continue to make investment decisions in light of long - term market leadership considerations rather than short - term profitability considerations or short - term Wall Street reactions... We aren't so bold as to claim that the above is the «right» investment philosophy, but it's ours, and we would be remiss if we weren't clear in the approach we have taken and will continue to take.»

I suggest you consider the terms «introversion» and «extroversion» as detrimental to your personal development, keeping you from doing things like Cain did: to succeed at parts of life that an unscientific model shown to be at best poorly valid and poorly reliable claimed you couldn't do.

Although he declines to offer specifics, Gunn claims the store, which opened last summer and had no fewer than 400 screens arrayed around the floor, has «far exceeded [his] expectations» in terms of sales and customer feedback.

A soft or hard fork would amount to seizure of my legitimate and rightful ether, claimed legally through the terms of a smart contract.

The Ex-Im Bank, which provides credit insurance for businesses who extend terms to overseas customers, has been a political football of late, with conservative politicians claiming the bank overwhelmingly supports big businesses over small ones.

Cargill claims to be the largest private company in the U.S. in terms of revenue and, although private companies like Nilsson Brothers and Cargill are not required to have independent directors, forward - thinking ones do such as McCain Foods.

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

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.

You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislaterms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislaTerms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

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;

By accessing and using the online services, you agree to certain terms regarding (a) to the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Service; (d) your limited time to file claims; (e) the manner in which you communications witterms regarding (a) to the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Service; (d) your limited time to file claims; (e) the manner in which you communications witTerms of Service; (d) your limited time to file claims; (e) the manner in which you communications with us.

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»).

While the article quotes a number of individuals — from a financial analyst to a software engineer — who claim to have had success using nootropics, the scientific research on its long - term effects is still thin.

For example, having to explain claims adjusting to VR consultants who had no knowledge of it required us to translate our training into the most basic terms — and this helped us see some missing elements.

To claim so would be to ignore longer - term trends, including extreme gerrymandering and the rise of political dark money that make elected officials more likely to appeal to extremes.

SkratchTV, which aims to give golf fans an «irreverent look at the game of golf without the exclusivity and stodginess,» claimed to have gotten their hands on the official list of banned terms, which also included fan favorites like «Baba Booey» and «Mashed Potatoes.»

Investors are not willing to put in money due to the uncertainty on the eventual impact of these claims in terms of costs and losses on profits and on the net worth,» Toschi added.

In order for bitcoin to be a real currency, Adeney claims, it must be three things: easy and frictionless for trading between people, widely accepted as a legal tender for all debts (both public and private) and stable in terms of value.

Just consider the financial risks entrepreneurs run, for example, if they give company stock to their children as part of a long - term estate - planning strategy — only to have the IRS step in years later and challenge the claimed taxable value of the gifts.

The company said it «failed to correctly implement changes to one of its methodologies as part of its long - term care insurance claim reserves review.»

Pretty much everyone took the move as meaning just that, but Xi has now claimed he is «personally opposed» to life - long rule, and the term - limit removal was more about aligning the post of presidency with that of top posts in the Communist Party, which Xi also holds, and which don't come with term limits.

Currently the FDA claims that the term healthy may be used only for products with 1 gram or less of saturated fat per 40 grams, and no more than 15 percent of calories from saturated fat.

«After repeated attempts to resolve issues with the Southwest Monkey website, Southwest is now pursuing claims associated with violations of our website terms and the unauthorized use of our trademarks.»

In terms of the end result, all three products are far superior to virtually any shaving product that comes in a can — no matter what claims it might make to the contrary.

In addition, it noted what would be fairly boilerplate severance terms: «If the Company terminates Mr. Ryan's employment without cause on or after a change in control or he resigns for good reason due to a change in control, subject to his execution and non-revocation of a release of claims, the Company will pay him, in addition to his previously - accrued compensation, severance equal to the following: (i) in the case of a change in control of Tribune Publishing or the Company, 12 months of his base salary and one year of his annual targeted bonus amount.»

The inadequate level of «risk adjustment» in the forecast seriously undermines the «credibility» of the latest fiscal update as a basis for budget planning and the ability to claim a budgetary surplus over the medium term.

Schroepfer was questioned on this during the session and said that while there was some overlap in terms of individuals who had downloaded Kogan's app and who had been in the audiences targeted by AIQ this was only 3 - 4 % — which he claimed was statistically insignificant, based on comparing with other Facebook apps of similar popularity to Kogan's.

Issuer guarantees income for the term of the annuity, often the investor's lifespan, subject to the claims - paying ability of the insurer.

Citron claimed in the paper that Nvidia had become «casino stock» since investments were made more on future potential instead of long - term guarantees.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided tclaims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided tClaims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

Cohen is trying to enforce the terms of the NDA — but Daniels's lawsuit claims the deal is invalid.

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If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.

This set of monetary policies affects financial asset prices in a different way compared to changes in short - term interest rates, and we should be humble about what we claim about understanding the importance of this distinction.

Indemnification As a condition of your use of the Services, you agree to indemnify and hold Wellington Management, its affiliates, and its and their respective partners, directors, employees, and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys» fees) arising from your use of the web site or from your violation of these Terms.

We study whether the number of identity claims and their content influence decisions of lenders and whether they predict longer - term performance of funded loans.

The claims being racked up against the future output of U.S. workers are of long - term concern, not only as a result of demographics, but also as the result of unproductive spending and a growing national debt.

Corporate income tax revenues were higher than expectedin 2012 - 13 and are expected to continue to be higher than originally projected in their April 2013 Economic and Fiscal Outlook The lower EI benefits «are driven by a lower expected number of regular beneficiaries to unemployed persons», or in layman's terms, fewer people are claiming benefits than those claiming to be unemployed.

Short - term financial disappointments may contribute, but stocks are a claim on an infinite stream of future cash flows.

Stocks are not a claim to next year's earnings, but to a very long - term stream of cash flows that will be delivered into the hands of investors over decades and decades.

At its core, every investment security is simply a claim on a very long - term stream of cash flows that will be delivered to investors over time.

From a long - term standpoint, a security is nothing more than a claim on the long - term stream of cash flows it will deliver into the hands of investors over time.

An electric car startup based in China has revealed an ambitious smart vehicle concept that it claims outperforms Tesla in terms of «digital power.»