Common use of Patents Licensed From Third Parties Clause in Contracts

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 with respect to any Company Patent, Licensee Patent, or Joint Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceable.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 11 with respect to the prosecution and enforcement of any Company Patent, Exelixis Patent and Licensee Patent, or Joint Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party rights: (a) retained by any upstream licensor to prosecute and enforce such Patent and/or defend against any claims that Right, if such Patent Right is invalid or unenforceablesubject to an upstream license agreement; and (b) granted to any Third Party prior to such Patent Right becoming subject to the license grant under this Agreement.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 12.2 with respect to any Company Patent, Licensee Patent, or Joint Patent Right licensed to the other a Party by a Third Party shall be subject to the rights of such Third Party to enforce prosecute, maintain and extend such Patent and/or defend against any claims that such Patent is invalid or unenforceableRight.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 10 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint Exelixis Patent licensed to the other Party by a Third Party and Collaborator Patent shall be subject to the rights of such Third Party rights: (a) retained by any upstream licensor to prosecute and enforce such Patent and/or defend against any claims that Right, if such Patent Right is invalid or unenforceablesubject to an upstream license agreement; and (b) granted to any Third Party prior to such Patent Right becoming subject to the license grant under this Agreement.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 12 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint DiaMedica Patent that is licensed to the other Party by DiaMedica from a Third Party shall be subject to the rights of such Third Party to prosecute and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Partyparty’s rights under this Section 10.4 9 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint Licensed Patent Right that is in-licensed to the other Party by NiKang from a Third Party and are included in the scope of this Agreement pursuant to Section 3.1.5 shall be subject to the rights of retained by such Third Party with respect to enforce the prosecution and enforcement of such Licensed Patent and/or defend against any claims that such Patent is invalid or unenforceableRight.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 8 with respect to the prosecution, maintenance and enforcement of any Company Patent, Licensee Patent, or Joint Patent [* * *] that is licensed to the other Party by [* * *] from a Third Party shall be subject to the rights of such Third Party to prosecute, maintain and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 with respect to any Company Patent, Licensee Patent, or Joint Collaboration Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Collaboration Patent and/or defend against any claims that such Collaboration Patent is invalid or unenforceable.

Patents Licensed From Third Parties. Each Party’s 's rights under this Section 10.4 Article 11 with respect to the Prosecution and Maintenance, enforcement, and defense of any Company Patent, Licensee Patent, or Joint Patent that is licensed to the other Party by from a Third Party shall be subject to the rights of retained by such Third Upstream Party with respect to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 9 with respect to the prosecution, maintenance and enforcement of any Company Patent, Licensee Patent, or Joint Patent [* * *] that is licensed to the other Party by [* * *] from a Third Party shall be subject to the rights of such Third Party to prosecute, maintain and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 9 with respect to the prosecution, maintenance and enforcement of any Company Patent, Licensee Patent, or Joint Virobay Patent that is licensed to the other Party by Virobay from a Third Party shall be subject to the rights of such Third Party to prosecute, maintain and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 9.3 with respect to any Company Patent, Licensee Patent, or Joint Patent licensed to the other a Party by a Third Party shall be subject to the rights of such Third Party to enforce prosecute, maintain and extend such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 9.4 with respect to any Company Patent, Licensee Patent, or Joint Collaboration Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Collaboration Patent and/or defend against any claims that such Collaboration Patent is invalid or unenforceable.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 10.5 with respect to any Company Key Patent, Licensee Patent, or Joint Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceable.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 11 with respect to the prosecution and maintenance, enforcement, and defense of any Company Patent, Licensee Patent, or Joint Patent that is licensed to the other Party by from a Third Party shall be subject to the rights of retained by such Third Party with respect to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article ‎9 with respect to the prosecution, enforcement and defense of any Company Patent, Licensee Patent, or Joint Patent that is licensed to the other Party by from a Third Party and sublicensed to a Party under this Agreement shall be subject to the rights of retained by such Third Party to enforce under such Patent and/or defend against any claims that such Patent is invalid or unenforceableagreement.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 13 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint Five Prime Patent that is licensed to the other Party by Five Prime from a Third Party shall be subject to the rights of such Third Party to prosecute and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceable.Patent. CONFIDENTIAL EXECUTION

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 13 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint Five Prime Patent that is licensed to the other Party by Five Prime from a Third Party shall be subject to the rights of such Third Party to prosecute and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 9.4 with respect to any Company Patent, Licensee Patent, or Joint Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceable.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 9 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint Patent [***] that is licensed to the other Party by [***] from a Third Party shall be subject to the rights of retained by such Third Party to prosecute and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceableRights.

Patents Licensed From Third Parties. Each Party’s rights under this Section Sections 10.2, 10.3 and 10.4 with respect to any Company Patent, Licensee Patent, or Joint Licensed Patent that is licensed to the other Party by Legend from a Third Party shall be subject to the rights of retained by such Third Party to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablepursuant to, and the terms and conditions of, the applicable Upstream License.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 12.3 with respect to any Company Patent, Licensee Patent, or Joint Collaboration Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Collaboration Patent and/or or defend against any claims that such Collaboration Patent is invalid or unenforceable.

Patents Licensed From Third Parties. Each Party’s rights under this Section Sections 10.2, 10.3 and 10.4 with respect to any Company Patent, Licensee Patent, or Joint Licensed Patent that is licensed to the other Party by Xxxxxxx from a Third Party shall be subject to the rights of retained by such Third Party to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceable.Party. ARTICLE 11

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 6 with respect to the prosecution and enforcement of any Company Patent, Licensee Patent, or Joint Patent Rights that is licensed to the other Party by from a Third Party shall be subject to the rights of retained by such Third Party with respect to enforce the prosecution and enforcement of such Patent and/or defend against any claims that such Patent is invalid or unenforceableRights.

Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 Article 8 with respect to the Prosecution and Maintenance and enforcement of any Company Patent, Licensee Patent, or Joint Impax Patent that is licensed to the other Party by Impax from a Third Party shall be subject to the rights of such Third Party to Prosecute and Maintain and enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceablePatent.