Common use of Subject Matter Exclusions Clause in Contracts

Subject Matter Exclusions. Notwithstanding the provisions of Section 9.2, any Dispute not resolved internally by the Parties pursuant to Section 9.1 that involves the validity or infringement of a Patent that Covers an ADC Drug Reagent or Non-ADC Drug Reagent (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 reside; 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: License Agreement (ADC Therapeutics SA), License Agreement (ADC Therapeutics SA), License Agreement (ADC Therapeutics SA)

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Subject Matter Exclusions. Notwithstanding the provisions of Section 9.214.2, any Dispute not resolved internally by the Parties pursuant to Section 9.1 14.1 that involves the validity validity, infringement or infringement enforceability of a Patent that Covers an ADC Drug Reagent or Non-ADC Drug Reagent 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 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 the Parties hereby consent to the jurisdiction and venue of such courts and bodies.

Appears in 4 contracts

Samples: License and Collaboration Agreement (Constellation Pharmaceuticals Inc), License and Collaboration Agreement (Constellation Pharmaceuticals Inc), License and Collaboration Agreement (Constellation Pharmaceuticals Inc)

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