Pending Patent Applications. The Parties acknowledge that Medarex has filed, and during the Term might file additional, applications for patents that, upon issuance, would constitute a Medarex Patent, Antibody Targeting Patent or HuMAb Patent. In respect of any such application that was prosecuted in good faith and for which a patent issues during the Term, the claims included in such issued patent (a “Subject Patent”) shall, to the extent otherwise meeting the criteria set forth in the definition of Valid Claim, be deemed “Valid Claims” for purposes of computing royalties hereunder, commencing on the date of issuance of the Subject Patent. In addition, where Celldex would have owed additional royalties to Medarex hereunder for the period commencing on the filing date to which the application for a Subject Patent was entitled and ending on the date of issuance of the Subject Patent had the claims included in such Subject Patent been deemed Valid Claims from such filing date, then any such additional royalties shall be due retroactively from Celldex to Medarex in respect of such claims. Medarex shall promptly notify Celldex of the issuance of any Subject Patent, and Celldex shall calculate and pay within ninety (90) days following such notice any retroactive royalties payable under this Section 4.2.3 in respect of such Subject Patent, such payment to include interest at the then-current rate for a one-year U.S. Treasury Xxxx.
Pending Patent Applications. Country Application No. Filing Date Inventor(s) Title United States 13/212,574 08/18/11 Xxxxxxx, et al Methods for treatment of lypomas and liposarcomas Country Application No. Filing Date Inventor(s) Title United States 12/413,551 03/28/09 Xxxxxxx, et al CIP of US Patent no. 7,521,529 United States 13/302,006 11/22/11 Xxxxxxx Use of bacteria to treat and prevent respiratory infections United States 61603693 02/27/12 Xxxxxxx, et al Improved replacement therapy for dental caries United States 61603661 02/27/12 Xxxxxxx, et al Variants of the lantibiotic MU1140 and other lantibiotics with improved pharmacological properties and structural features Australia 2009257440 06/11/09 Xxxxxxx PB3 Whitening 2006279749 08/11/06 Xxxxxxx, et al DPOLT 1 2010234987 03/25/10 Xxxxxxx, et al DPOLT 2 Canada 2727462 06/11/09 Xxxxxxx PB3 Whitening 2586239 11/02/05 Xxxxxxx, et al LPT3-04 2618066 08/11/06 Xxxxxxx, et al DPOLT 1 TBD 03/25/10 Xxxxxxx, et al DPOLT 2 China 200480029485 08/10/04 Xxxxxxx ProBiora3 201110291647.0 01/31/11 Xxxxxxx ProBiora3 DIV 200980131840.9 06/11/09 Xxxxxxx PB3 Whitening 200680037491.0 08/11/06 Xxxxxxx, et al DPOLT 1 TBA 03/25/10 Xxxxxxx, et al DPOLT 2 EPO 04780692.2 08/10/04 Xxxxxxx ProBiora 09763620.3 06/11/09 Xxxxxxx PB3 Whitening 10705505.5 00/00/00 Xxxxxxx PB3 Lipomas 05817085.3 11/02/05 Xxxxxxx, et al ProBiora3 10722821.5 03/25/10 Xxxxxxx, et al DPOLT 2 Hong Kong 08108087.9 08/11/06 Xxxxxxx, et al DPOLT 1 Japan 2006-53306 08/10/04 Xxxxxxx ProBiora3 2011-513687 06/11/09 Xxxxxxx PB3 Whitening TBA 02/18/10 Xxxxxxx PB3 Lipomas 0000000000 11/02/05 Xxxxxxx, et al LPT3-04 2008-526260 08/11/06 Xxxxxxx, et al DPOLT 1 TBA 03/25/10 Xxxxxxx, et al DPOLT 2 Mexico 2010/013847 06/11/09 Xxxxxxx PB3 Whitening 2007005136 11/02/05 Xxxxxxx, et al LPT3-04 2011/009427 03/25/10 Xxxxxxx, et al DPOLT 2 New Zealand 590348 06/11/09 Xxxxxxx PB3 Whitening 594704 03/25/10 Xxxxxxx, et al DPOLT 2 PCT 09/047040 06/11/09 Xxxxxxx PB3 Whitening 2006/050432 11/02/05 Xxxxxxx LPT3-04 11/61784 11/22/11 Xxxxxxx PB3 Resp. Infec. S. Korea 2006-7002806 08/10/04 Xxxxxxx ProBiora3 00-0000-0000000 06/11/09 Xxxxxxx PB3 Whitening
Pending Patent Applications. If a pending patent application that is included within the NatImmune Patents issues in a country after the Royalty Term has already expired in such country, and such issued Patent contains a Valid Claim, then Enzon shall, (a) within sixty (60) days from the issuance of such Patent, pay to NatImmune royalties based on Net Sales in such country from the date of the expiration of the Royalty Term in such country up to and including the date of issuance of such Patent and (b) continue to make Royalty Payments in such country so long as there is a Valid Claim in such country. This Section 4.6 shall also apply if there has been a reduction in the royalty payments paid to NatImmune pursuant to Section 4.3(b) and a NatImmune Patent with a Valid Claim later issues (in which case the amount of any related royalty reduction effected pursuant to Section 4.3(b) shall then be paid to NatImmune).
Pending Patent Applications. As of the Effective Date and to Progenics’s Knowledge, in respect of any pending United States patent applications included in the Licensed Patent Rights which are solely owned by Progenics, the Wyeth Collaboration Patent Rights, or the Wyeth Collaboration Joint Patent Rights, except as disclosed on Schedule 9.2(e), Progenics or the Person prosecuting such Patent Right has presented, to the extent such presentation is required given the stage of prosecution of the relevant Patent Right, all relevant prior art of which it and the inventors are aware to the relevant patent examiner at the United States Patent and Trademark Office.
Pending Patent Applications. Europe: Japan: Korea:
Pending Patent Applications. Licensor has filed the Patent --------------------------- Applications in the United States and will cause to be prosecuted such Patent Applications (Licensor having made no representation that any patents will issue thereon). In addition, Licensor has filed or will use its best efforts to timely file Patent Applications and to prosecute such filings in France, West Germany, Italy, Spain, United Kingdom, Sweden, Japan, Korea, Canada and Australia ("Foreign Territories"). The preparation, filing and prosecution of such Patent Applications shall be controlled by, and the cost and expenses shall be borne by, Licensor.
Pending Patent Applications. In respect of any pending United States patent applications included in the Licensed Patents, Photocure has presented, to the [*] Confidential treatment requested. extent such presentation is required given the stage of prosecution of the relevant Licensed Patent, all relevant prior art of which it and the inventors are aware to the relevant patent examiner at the United States Patent and Trademark Office.
Pending Patent Applications. Austria Patent Appln. No. 90201166.7 (derived from EPO Patent 442156)
Pending Patent Applications. AS OF DECEMBER 8, 2008 US 10/219,238 US 12/263,239 CA 2355348 US 10/748,541 US 11/562,174 US 10/814,555 US 11/565,467 US 11/373,699 [****] RIQUENT Serial No: 78/102,996 Reg. No: 2,787,557 United States RIQUENT Serial No: 78/947,249 Reg. No: 3,318,222 United States RIQUENT Serial No: 1144359 Reg. No: TMA624679 Canada RIQUENT Serial No: 002675601 Reg. No: 002675601 Europe * RIQUENT Serial No: IR954406 Reg. No: IR954406 International (designating Europe)* * European Community Trademark Countries: Austria, Benelux (Belgium, The Netherlands & Luxembourg), Bulgaria, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Portugal, Romania, Spain, Sweden, United Kingdom, Cyprus, The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia.
Pending Patent Applications. The claims of any patent --------------------------- applications of the Company and its Subsidiaries currently pending in the United States Patent and Trademark Office (the "U.S. Pending Patents"), in each case cover subject matter disclosed in the corresponding patent application or patent applications of the Company and its Subsidiaries currently pending in any of the European Patent Office, any national patent offices of the member states of the European Union, or the national patent office of Japan (the "Foreign Pending Patents"). Except as set forth in Schedule 3.20, the Company is not aware of any reason that would reasonably be expected to prevent any application for any of the U.S. Pending Patents or any of the Foreign Pending Patents from being granted with meaningful scope of coverage.
