...9-103 which specifically excludes its use in contracts for "supplies which clearly are not or have not been sold or offered for sale to the public in the commercial open market". Therefore, the claim that the Government encouraged another manufacturer to violate our patents by...

...experienced and dependable. The following definitions explain the above terms: (a) Commercial items. Supplies which normally are or have been sold or offered for sale by any supplier to the public in the commercial open market, or which are the same as such supplies...

...lower-tier subcontract). 9-103 Patent Indemnification of Government by Contractor. In order thai (lie Government may be reimbursed for liability for patent...the commercial open market, or which are the same as sucli supplies with a relatively minor modification thereof, clauses providing for indemnification...

...1961, Rev 3 902.1 PATENTS (i) where the contract is for supplies which clearly are not or have not been sold or offered for sale to the. public in the commercial open market. However, even in the foregoing instance, a patent indemnity clause may be included where (A) in the...

...Government is exposed to liability for patent infringement, Armed Services contracts for construction or for supplies which normally are or have been sold or offered for sale by any supplier to the public in the open commercial market (or the same supplies with relatively minor...

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...work or supplies. (b) Where a supply contract calls In part for specific components or spare parts which normally are or have been sold or offered for sale to the public hi the commercial open market, or such items with relatively minor modifications, the patent indemnity...

...(Including any lowertier subcontract) . § 12-9.6107 Patent indemnification of Government by contractor. In order that the Government may be reimbursed for...commercial open market or which are the same as such supplias with a relatively minor modification thereof, a clause providing for indemnification of the...

...respect to such supplies; (b) When the contract is for supplies which clearly are not, or have not. been sold or offered for sale to the public in the commercial open market; (c) When both performance and delivery are to be outside the United States, its possessions, or Puerto...

...the contractor, should be able to determine whether the supplies being purchased normally are on sale or have been sold or offered for sale to the public in the commercial open market. (a) Subject to the foregoing and to the prohibitions in 9-103, the clause in 7-104.5 is approved for...