Common use of Subject Matter Exclusions Clause in Contracts

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.2, any Dispute not resolved internally by the Parties pursuant to Section 15.1 that involves the scope, enforceability, validity or infringement of any Corvus Patent, Genentech Patent or Joint Patent (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants resides; and (b) that is issued in any other country shall be brought before an appropriate regulatory or administrative body or court in that country, and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 4 contracts

Samples: Phase I/Ib Combination Study Agreement (Corvus Pharmaceuticals, Inc.), Phase I/Ib Combination Study Agreement (Corvus Pharmaceuticals, Inc.), Phase I/Ib Combination Study Agreement (Corvus Pharmaceuticals, Inc.)

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Subject Matter Exclusions. Notwithstanding the provisions of Section 15.212.2, any Dispute not resolved internally by the Parties pursuant to Section 15.1 12.1 that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants residesreside; and (b) that is issued in any other country (or region) shall be brought before an appropriate regulatory or administrative body or court in that countrycountry (or region), and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 3 contracts

Samples: Technology Transfer and License Agreement (Ocera Therapeutics, Inc.), Technology Transfer and License Agreement (Ocera Therapeutics, Inc.), Technology Transfer and License Agreement (Ocera Therapeutics, Inc.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.216.2, any Dispute not resolved internally by the Parties pursuant to Section 15.1 16.1 that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants residesreside; and (b) that is issued in any other country (or region) shall be brought before an appropriate regulatory or administrative body or court in that countrycountry (or region), and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Xencor Inc), Collaboration and License Agreement (Xencor Inc)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.215.7.2, any Dispute not resolved internally by the Parties pursuant to Section 15.1 15.7.1 that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants resides; reside and (b) that is issued in any other country (or region) shall be brought before an appropriate regulatory or administrative body or court in that countrycountry (or region), and in all cases, the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 2 contracts

Samples: Collaboration Agreement (BioNTech SE), Collaboration Agreement (BioNTech SE)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.214.2, any Dispute not resolved internally by the Parties pursuant to Section 15.1 14.1 that involves the scope, enforceability, validity or infringement of any Corvus Patent, Genentech a Patent Covering a Collaboration Molecule or Joint Patent a Licensed Product (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants resides; and (b) that is issued in any other country shall be brought before an appropriate regulatory or administrative body or court in that country, and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 2 contracts

Samples: Exclusive Option and License Agreement (Yumanity Therapeutics, Inc.), Exclusive Option and License Agreement (Yumanity Therapeutics, Inc.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.213.2, any Dispute Disputed Matter not resolved internally by the Parties pursuant to Section 15.1 13.1 that involves the scope, enforceability, validity or infringement of any Corvus Patent, Genentech a Patent or Joint Patent reading on the Licensed Product (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants residesresides and resolved applying the patent laws of the United States; and (b) that is issued in any other country shall be brought before an appropriate regulatory or administrative body or court in that country, and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 1 contract

Samples: Collaborative Research and License Agreement (Xenon Pharmaceuticals Inc.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.215.2 (Arbitration), any Dispute not resolved internally by the Parties pursuant to Section 15.1 (Disputes) that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants resides; and (b) that is issued in any other country shall be brought before an appropriate regulatory or administrative body or court in that country, and the Parties hereby consent to the jurisdiction and venue of such courts and bodiesbodies solely for such purpose.

Appears in 1 contract

Samples: License and Collaboration Agreement (CG Oncology, Inc.)

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Subject Matter Exclusions. Notwithstanding the provisions of Section 15.214.3(c), any Dispute not resolved internally by the Parties pursuant to Section 15.1 14.3(c) that involves the scopevalidity, enforceability, validity or infringement of any Corvus Patent, Genentech a Patent or Joint Patent relevant to this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants resides; and (b) that is issued in any other country shall be brought before an appropriate regulatory or administrative body or court in that country, and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 1 contract

Samples: Joint Clinical Research Agreement (Exelixis, Inc.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.214.3, any Dispute not resolved internally by the Parties pursuant to Section 15.1 Sections 14.1 and 14.2 that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants residesreside; and (b) that is issued in any other country (or region) shall be brought before an appropriate regulatory or administrative body or court in that countrycountry (or region), and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 1 contract

Samples: Technology Transfer and License Agreement (Proteostasis Therapeutics, Inc.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.213.2, any Dispute not resolved internally by the Parties pursuant to Section 15.1 13.1 that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants residesreside; and (b) that is issued in any other country (or region) shall be Confidential Execution Version brought before an appropriate regulatory or administrative body or court in that countrycountry (or region), and the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 1 contract

Samples: License and Collaboration Agreement (Newlink Genetics Corp)

Subject Matter Exclusions. Notwithstanding the provisions of Section 15.2, any Dispute dispute not resolved internally by the Parties pursuant to this Section 15.1 that involves the scopevalidity, enforceability, validity infringement or infringement enforceability of any Corvus Patent, Genentech a Patent or Joint Patent included in a license granted in this Agreement: (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction of the district where any of the defendants resides; reside, and (b) that is issued in any other country (or region) shall be brought before an appropriate regulatory or administrative body or court in that countrycountry (or region), and in all cases, the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 1 contract

Samples: Combination Study Agreement (BioLineRx Ltd.)

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