Excluded Patents. Certain patents as identified in Exhibits D-1 and D-2 relating to background technologies of either EXEL or PDL, shall not be subject to the provisions of Sections 10.3 and 10.4 (a-d).
Excluded Patents. Patent No./Serial No. Title
Excluded Patents. Neither Pfizer nor its Affiliates shall have any rights with respect to any Medarex Excluded Patents under this Agreement. Neither Medarex nor its Affiliates shall have any rights with respect to any Pfizer Excluded Patents under this Agreement.
Excluded Patents. Excluded Patents shall include the patents and patent applications listed below, and shall further include all (a) patents or patent applications (i) to which any of the Excluded Patents directly or indirectly claims priority, (ii) for which any of the Excluded Patents directly or indirectly forms a basis for priority, (b) reissues, reexaminations, extensions, continuations, continuations in part, continuing prosecution applications, requests for continuing examinations, divisions, and registrations of any item in any of the foregoing categories; (c) foreign patents, patent applications and counterparts relating to any item in any of the foregoing categories, including, without limitation, certificates of invention, utility models, industrial design protection, design patent protection, and other governmental grants or issuances; and (d) any items in any of the foregoing categories (a) through (c) whether or not expressly listed as Excluded Patents and whether or not claims in any of the foregoing have been rejected, withdrawn, cancelled, or the like. PATENT OR APPLICATION NO. COUNTRY FILING DATE TITLE OF PATENT AND INVENTORS ------------------------- --------------- ---------------------- --------------------------------------------- 1159719 EP 14/03/2000 Jitter Buffer and methods for control of same ------------------------- --------------- ---------------------- --------------------------------------------- DE60021708C0 DE 14/03/2000 Jitter Buffer and methods for control of same ------------------------- --------------- ---------------------- --------------------------------------------- 1,159,719 (909608.2) FR 14/03/2000 Jitter Buffer and methods for control of same ------------------------- --------------- ---------------------- --------------------------------------------- 1,159,719 (909608.2) LX 14/03/2000 Jitter Buffer and methods for control of same ------------------------- --------------- ---------------------- --------------------------------------------- 1,159,719 (909608.2) UK 14/03/2000 Jitter Buffer and methods for control of same ------------------------- --------------- ---------------------- --------------------------------------------- AT0301354E AT 14/03/2000 Jitter Buffer and methods for control of same ------------------------- --------------- ---------------------- --------------------------------------------- 6,725,191 (09/909,052) US 19/07/2001 Method and apparatus for transmitting voice over internet ------------------------- ---...
Excluded Patents. Seller and the Selling Subsidiaries are the sole owner of the Excluded Patents and have all right, title and claims, interest and privileges arising from such ownership and neither Seller nor any of the Selling Subsidiaries has licensed, transferred or otherwise granted any rights that are inconsistent with the rights granted to Buyer under the License Agreement. Except as set forth on Schedule 3.12(j), the Excluded Patents have not been subject to any action or Proceeding concerning their validity, enforceability, inventorship or ownership.
Excluded Patents. The term "Excluded Patents" shall mean any patent issued in the United States, owned by LICENSOR or a LICENSOR Affiliate and listed on Exhibit A or as to which the exclusive rights therein have been granted to Pillar Point Partners.
Excluded Patents. (a) Notwithstanding anything herein to the contrary, nothing in this Agreement shall be construed as granting LICENSEE or any LICENSEE Affiliate a right to practice under any of the Excluded Patents. The parties acknowledge that LICENSOR and Summit Technology, Inc. ("SUMMIT") have exclusively licensed to Pillar Point Partners their respective rights under their United States patents relating to any ultraviolet light-generating instrumentality used to perform corneal surgery. It is the stated policy of the Pillar Point Partners to award third party sublicense agreements to all persons qualified to make, have made, use, sell, lease and otherwise dispose of and perform (including the right to license others to perform) procedures practicing the subject matter defined by the so-licensed patents, on reasonable, nondiscriminatory terms, consistent with those prevailing in the market for apparatus or methods for performing ultraviolet laser corneal surgery at the time any third party sublicense agreement is to be entered into. All Pillar Point Partners decisions require, and are made by, the unanimous agreement of LICENSOR and SUMMIT. Upon written request by LICENSEE, LICENSOR agrees to use reasonable efforts to secure for LICENSEE a third party sublicense from the Pillar Point Partners on the terms available to third parties at that time.
(b) In the event that LICENSEE or its Affiliates acquire a third party sublicense from Pillar Point Partners, then LICENSEE's obligations to LICENSOR to pay royalties to LICENSOR on a Licensed Product sold, leased or otherwise disposed of for use in the United States shall be excused to the extent that LICENSEE actually pays royalties on the same equipment to Pillar Point Partners.
Excluded Patents. 2.1. The definition of “Excluded Patents” in Section 1 of the Agreement shall be deleted in its entirety and replaced with the following definition:
Excluded Patents. 36 ARTICLE VII. CONDITIONS..................................................36 7.1 CONDITIONS OF INITIAL EXTENSION OF CREDIT...................36 7.2 CONDITIONS OF EACH EXTENSION OF CREDIT......................37
Excluded Patents. The Excluded Patents relate solely to starch co-polymers. The Excluded Patents will not be necessary, used or useful in the generation of more than two percent of Parent's consolidated revenue in any fiscal year.
