Rights in Product Sample Clauses

Rights in Product. As of the Effective Date, CVT warrants and represents that it has no knowledge of the existence of any patent or trademark owned or controlled by anyone other than CVT or an Affiliate which covers the Product and would prevent CVT from making, using, or selling the Product or would prevent CVT or Innovex from promoting or marketing the Product in the Territory. CVT is not aware of any patents or trademarks owned by Third Parties which would be infringed by the promotion or sale of the Product in the Territory. CVT is not pursuing any action against any Third Party which CVT believes infringes its trademark, copyright or patent relating to the Product. There are no actions, suits, claims or proceedings pending against CVT or any of its Affiliates in any court or before any agency in the Territory related to alleged patent, trademark, or copyright infringement in connection with the Product, and to the best of CVT's knowledge, no such actions, suits, claims or proceedings have been threatened. During the term of this Agreement, CVT will use diligent efforts not to diminish the rights granted to Innovex herein, including without limitation by not committing or permitting any acts or omissions which would cause the material breach of any agreements between CVT and Third Parties which provide for intellectual property rights applicable to the development, manufacture, use or sale of the Product in the Territory. As of the Effective Date, CVT is in compliance in all material respects with any such agreements with Third Parties.
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Rights in Product. The Product was developed by BOS and/or BOSCom and to the best of its knowledge: (i) all intellectual property rights in the Product are fully and legally owned by BOSCom; (ii) no claims were made or threatened in relation to the Product and the Assets; and (iii) the Product does not breach or infringe on any third party’s rights.
Sample 1
Rights in Product. As of the Effective Date, Pilot warrants and represents that, it has no knowledge of the existence of any patent or trademark owned or controlled by anyone other than Wake Forest University (licensor to Pilot), Pilot or an Affiliate which both covers the Product and would prevent Pilot from making, using, or selling the Product or would prevent Pilot or Innovex from promoting or marketing the Product in the Territory. Pilot is not aware of any patents or trademarks owned by Third Parties which would be infringed by the promotion or sale of the Product in the Territory. Pilot is not pursuing any action against any Third Party which Pilot believes infringes its trademark, copyright or patent relating to the Product. There are no actions, suits, claims or proceedings pending against Pilot or any of its Affiliates in any court or before any
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Related to Rights in Product

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the 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) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Combination Product The term “

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Licensed Territory Worldwide NIH Patent License Agreement—Exclusive APPENDIX C – ROYALTIES Royalties:

  • Product The term “

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Manufacturing Rights Manufacturing Rights will be governed by Attachment 6.

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