Definition of Existing Competing Product. For purposes of this Agreement, “Existing Competing Product” means a product that (i) a third party has: (w) commercialized on or before the date of acquisition, or (x) submitted to a regulatory authority for approval or clearance on or before the date of acquisition, or (y) initiated clinical trials in connection with regulatory submission on or before the date of acquisition, or (z) Quality System Regulation documentation showing that such product was in development before May 1, 2008 and (ii) is a CE Assay, Maui Assay, or Real-Time Assay.
Appears in 4 contracts
Samples: Operating Agreement (Celera CORP), Operating Agreement (Applied Biosystems Inc.), Operating Agreement (Celera CORP)
