Common use of Subject Matter Exclusions Clause in Contracts

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 that involves the validity or infringement of a Patent Covering 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: License and Collaboration Agreement (Immunocore LTD), License and Collaboration Agreement (Immunocore LTD)

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Subject Matter Exclusions. Notwithstanding the provisions of Section 21.215.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 15.1 that involves the validity or infringement of a Patent Covering 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: License Agreement (Immunocore LTD), Collaboration Agreement (Immunocore LTD)

Subject Matter Exclusions. Notwithstanding the provisions of Section Clause 21.2, any Dispute not resolved internally by the Parties pursuant to Section Clause 21.1 that involves the validity or infringement of a Patent Covering a Licensed Product (a) that is issued in the United States US shall be subject to actions before the United States US Patent and Trademark Office and/or submitted exclusively to the federal court located in the jurisdiction Federal Court of the district where any Southern District of the defendants residesNew York, New York, US; 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: Development and License Agreement (Immunocore LTD), Development and License Agreement (Immunocore LTD)

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.214.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 14.1 that involves the validity or infringement of a Patent Covering a Licensed an Immunocore 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: License Agreement (Immunocore LTD), License Agreement (Immunocore LTD)

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.211.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 11.1 that involves the validity validity, enforceability or infringement of a Patent Covering 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 1 contract

Samples: Exclusive License Agreement (Curis Inc)

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.2β€Ž15.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 β€Ž15.1 that involves the validity or infringement of a Patent Covering a Molecule or 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 1 contract

Samples: Research Collaboration and License Agreement (Affimed N.V.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.214.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 14.1 that involves the validity or infringement of a Patent Covering a Licensed Product or Copyright (a) that is issued in the United States shall be subject to actions before the United States Patent and Trademark Office and/or or Copyright Office 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: Collaboration and License Agreement (Recursion Pharmaceuticals, Inc.)

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Subject Matter Exclusions. Notwithstanding the provisions of Section 21.216.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 16.1 that involves the validity or infringement of a Patent Covering a Molecule or 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 1 contract

Samples: Research Collaboration and License Agreement (Affimed N.V.)

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.215.3, any Dispute not resolved internally by the Parties pursuant to Section 21.1 15.2 that involves the validity validity, infringement or infringement enforceability or claim construction of a Patent Covering a Licensed Product Patent, or defenses to any of the foregoing (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 a federal court located in the jurisdiction of the district where any of the defendants residesappropriate jurisdiction; 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: License and Development Agreement (Surmodics Inc)

Subject Matter Exclusions. Notwithstanding the provisions of Section 21.211.2, any Dispute not resolved internally by the Parties pursuant to Section 21.1 11.1 that involves the validity or infringement of a Patent Covering a within the Licensed Product Patent Right (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: Exclusive License Agreement (Novogen LTD)

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