Licensed Product. The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 6 contracts
Samples: License Agreement (Fate Therapeutics Inc), License Agreement (Fate Therapeutics Inc), License Agreement (Fate Therapeutics Inc)
Licensed Product. The term “Licensed Product” shall mean any product (a) the article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, importation, or sale is covered or offer for sale of which would, in the absence of the license granted claimed by this Agreement, infringe a Valid Claim of any of within the Licensed Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) that is comprised ofdoes not constitute an article, utilizes composition, apparatus, substance, chemical material, method, process or incorporates Licensed Biological Materialsservice whose manufacture, use, or (c) that sale is discovered, developed covered or made using claimed by a Licensed ProcessValid Claim within the Patent Rights.
Appears in 6 contracts
Samples: Exclusive License Agreement (Newlink Genetics Corp), Exclusive License Agreement (Newlink Genetics Corp), Exclusive License Agreement (Newlink Genetics Corp)
Licensed Product. The term “Licensed Product” shall mean any product Compound (ai) the manufacture, use, importationsale, sale or offer for sale or importation of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, ; or (bii) that any Compound the manufacture, use, sale, offer for sale or importation of which is comprised of, utilizes covered by a Valid Claim in one or incorporates Licensed Biological Materials, or (c) that more of the Major Markets but is discovered, developed or made using not covered by a Licensed ProcessValid Claim in the country of sale.
Appears in 3 contracts
Samples: License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.)
Licensed Product. The term “Licensed Product” Product shall mean any product (a) the article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, importation, or sale or offer for sale of which would, in the absence of the license granted is covered by this Agreement, infringe a Valid Claim of any of within the Licensed Patent Rights. Licensed Product shall not include other products used in combination with Licensed Product that do not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or (b) that sale is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using covered by a Licensed ProcessValid Claim within the Patent Rights.
Appears in 3 contracts
Samples: License Agreement (Newlink Genetics Corp), License Agreement (Newlink Genetics Corp), License Agreement (Newlink Genetics Corp)
Licensed Product. The term “Licensed Product” shall mean any product (a) the manufactureany product which cannot be made, useused, importationimported, sale sold, or offer offered for sale of which would, in the absence of the license granted by this Agreement, infringe without infringing a Valid Claim of any of under the Licensed Patent RightsRights in the country for which the product is made, used, imported or sold; or (b) that is comprised of, any product which utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 3 contracts
Samples: License Agreement (Ambrx Biopharma Inc.), License Agreement (Ambrx Biopharma Inc.), License Agreement (Ambrx Inc)
Licensed Product. The term “Licensed Product” shall mean any product (a) product, the composition of matter, manufacture, use, importation, sale or offer for sale of which would, in is within the absence of the license granted by this Agreement, infringe a Valid Claim of any scope of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 3 contracts
Samples: License Agreement (Receptos, Inc.), License Agreement (Receptos, Inc.), License Agreement (Receptos, Inc.)
Licensed Product. The term “Licensed Product” shall mean any product which cannot be developed, manufactured, offered to sale, used or sold without (ai) the manufacture, use, importation, sale infringing one or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed more claims under SCIENT’X Patent Rights, ; or (bii) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Processutilizing any part of SCIENT’X Technology not otherwise includable within SCIENT’X Patent Rights.
Appears in 2 contracts
Samples: Patent License Agreement, License Agreement (Alphatec Holdings, Inc.)
Licensed Product. The term “Licensed Product” shall mean any product and/or device and/or process and/or service (a) the manufacture, use, importation, sale use or offer for sale of which wouldwithout a license from BGN would infringe upon any Licensed Patent Rights; and/or (b) that embodies, comprises, contains, uses or was developed using any Licensed Patent Rights and/or the BGN Technology, in the absence each of the license granted foregoing cases is covered by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 2 contracts
Samples: Exclusive Option Agreement, Exclusive Option Agreement (Sorrento Therapeutics, Inc.)
Licensed Product. The term “Licensed Product” shall mean any a product (a) Proprietary to Licensee and (b) the manufacture, use, importationsale, sale or offer for sale or importation of which would, in but for the absence of the license licenses granted by this Agreementherein, infringe a Valid Claim of any of within the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed ProcessPatents.
Appears in 2 contracts
Samples: Non Exclusive License Agreement, Non Exclusive License Agreement (GenMark Diagnostics, Inc.)
Licensed Product. The term “Licensed Product” "LICENSED PRODUCT" shall mean any product (a) product, the development, manufacture, use, importation, sale or offer for sale of which would, in but for the absence of the license rights granted by under this Agreement, infringe a Valid Claim one or more pending or issued claims of Licensor Patent and Trademark Rights in any of the Licensed Patent Rightscountry, or (b) that is comprised of, utilizes the sale or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Processmarketing of which would infringe Licensor Trademark in any country.
Appears in 2 contracts
Samples: License Agreement (Ista Pharmaceuticals Inc), License Agreement (Ista Pharmaceuticals Inc)
Licensed Product. The term “Licensed Product” shall mean any product (a) compound or product, the manufacture, use, importationsale, sale or offer for sale or importation of which would, in the absence of the license under the Licensed Patent Rights granted by in this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 2 contracts
Samples: License Agreement (Synthorx, Inc.), License Agreement (Synthorx, Inc.)
Licensed Product. The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of but for the license granted by this Agreementherein, infringe a Valid Claim of any of under the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 2 contracts
Samples: Research Funding and Option Agreement (aTYR PHARMA INC), Research Funding and Option Agreement (aTYR PHARMA INC)
Licensed Product. The term “Licensed Product” shall mean any product (a) product, the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license licenses granted by this Agreementherein, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.Claim. EXECUTION COPY
Appears in 2 contracts
Samples: License Agreement (Poniard Pharmaceuticals, Inc.), License Agreement (Poniard Pharmaceuticals, Inc.)
Licensed Product. The term “Licensed Product” shall mean any a pharmaceutical product (a) or composition containing a Licensed Compound as an active ingredient. For purposes of clarity, unless the manufacturecontext otherwise dictates, use, importation, sale or offer for sale of which would, all references to “Licensed Product” shall be deemed to include references to the Licensed Compound contained in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed ProcessProduct.
Appears in 2 contracts
Samples: License Agreement (Verastem, Inc.), License Agreement (Verastem, Inc.)
Licensed Product. The term “words "Licensed Product” " shall mean any product (a) the manufacture, use, importation, sale device or offer for sale of which would, in the absence of the license granted apparatus embodying a design or utilizing a method or process covered by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed ProcessTechnology.
Appears in 1 contract
Samples: License Agreement (Paradigm Medical Industries Inc)
Licensed Product. The term “"Licensed Product” " shall mean any product (a) ----------------- product, the manufacture, use, importation, sale use or offer for sale of which would, in is within the absence scope of the license granted by this Agreement, infringe a "Valid Claim Claim" (as defined hereinafter) of any of the a Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed ProcessRight.
Appears in 1 contract
Samples: License Agreement (Igi Inc)
Licensed Product. The term “Licensed ProductProduct(s)” shall mean any product or process which cannot be developed, manufactured, used or sold (ai) without infringing on the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any valid issued claims of the Licensed Patent RightsPatents, or (bii) that is comprised of, utilizes or incorporates without utilizing the Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed ProcessTechnology.
Appears in 1 contract
Licensed Product. The term “Licensed Product” shall mean any product (a) product, the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted or into a particular country is covered by this Agreement, infringe a Valid Claim of any of within the Licensed Patent Rights, or (b) that . Whether a product is comprised of, utilizes or incorporates a “Licensed Biological Materials, or (c) that is discovered, developed or made using Product” shall be determined on a Licensed Processcountry-by-country basis.
Appears in 1 contract
Samples: License Agreement (Repligen Corp)
Licensed Product. The term “Licensed Product” shall mean any product (a) which incorporates or is the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any result of the Licensed Patent Technologies and Methods, which cannot be developed, made, have made, offered to sale, used, sold or have sold without (i) infringing one or more claims under the Sublicensor IP Rights, or (bii) that is comprised of, utilizes or incorporates Licensed Biological Materialsutilizing any part of the IP not included within the definition of the Sublicensor IP Rights, or (ciii) that is discovered, developed or made using a Licensed Processutilizing any part of Sublicensor Know- How.
Appears in 1 contract
Licensed Product. The term “"Licensed Product” " shall mean any product (a) the manufacturea product, useservice, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rightstest, or (b) that information which is comprised ofbased upon or related to animal health applications and is sold or provided for a fee and, utilizes but for the licenses granted herein, would infringe one or incorporates more claims of a Licensed Biological MaterialsPatent, or (c) that is was discovered, developed developed, approved manufactured or made marketed using a Licensed ProcessInvention, Licensed Improvement or Licensed Technical Information.
Appears in 1 contract
Samples: License and Sub License Agreement (Bioenvision Inc)
Licensed Product. The term “"Licensed Product” " shall mean any product (a) or ---------------- component thereof the manufacture, use, importation, sale use or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim would constitute an infringement of any of the Licensed claim in a License Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using but for a Licensed Processlicense granted.
Appears in 1 contract
Samples: Master Research Services and License Agreement (Sequus Pharmaceuticals Inc)
Licensed Product. The term “"Licensed Product” " shall mean any product (a) the manufacture, use, importationsale, sale or offer for sale or importation of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates any of the Licensed Biological Materials, or and/or (c) that is discovered, developed or made using a Licensed ProcessProcess or any of the Licensed Biological Materials, or using any data or results produced or generated by using a Licensed Process or any of the Licensed Biological Materials within the Field.
Appears in 1 contract
Samples: License Agreement (ChromaDex Corp.)
Licensed Product. The term “Licensed Product” shall mean any product (a) the manufacture, use, importationsale, sale or offer for sale or importation of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, but excluding products containing or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Processcomprising ***.
Appears in 1 contract
Licensed Product. The term “Licensed Product” shall mean any product (a) product, the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 1 contract
Samples: License Agreement (Verastem, Inc.)
Licensed Product. The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted covered by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Appears in 1 contract
Licensed Product. The The. term “Licensed Product” shall mean any product (ai) the manufacture, use, importationsale, sale or offer for sale or importation of which would, in the absence of the license under the Licensed Patent Rights granted by in this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or and/or (bii) that is comprised of, utilizes uses or incorporates Licensed Biological Materials, or (c) any composition of matter that is discovered, discovered or developed or made by TSRI under the RFOA using a any methods disclosed in the Licensed ProcessPatent Rights and to which Licensee has exercised its option for an exclusive license under the RFOA.
Appears in 1 contract
Licensed Product. The term “"Licensed Product” " shall mean any product (a) manufactured and sold by Licensee using the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed ProcessPatent.
Appears in 1 contract
Samples: Patent License Agreement