Abandoned Product definition
Examples of Abandoned Product in a sentence
If ZENECA desires to be considered a commercial distributor for an Abandoned Product, ISIS will reasonably consider such request.
Signal may not commence development of any Abandoned Product until the first anniversary of the conclusion of the Target Research.
If Organon does not exercise its right to enforce an Organon Patent within 90 days after the date of such notice of infringement under Section 4.2.1, then Signal shall have the right to file and maintain such infringement action at its own cost and expense, provided that the third party product which is the subject of such infringement action is a competing product with respect to the Abandoned Product which Signal is developing or commercializing.
If Organon exercises its right to file and maintain such a lawsuit, and the infringer is developing or marketing a product that would compete with an Abandoned Product which Signal is developing or commercializing, then Organon shall promptly notify Signal thereof and Signal shall have the right to join Organon in such an action.
Signal shall not develop or commercialize any Abandoned Product so long as Organon is developing an Organon Product with demonstrated activity in the same Research Assay (or set of Research Assays) as the Abandoned Product demonstrates activity in.
In the event that the Applicable Territory for the Abandoned Product is worldwide and Tanox chooses to continue Development and Commercialization of such Abandoned Product, the provisions of Sections 6.9(e) and 13.3(d) shall apply with respect to such Abandoned Product.
CUBIST shall exercise its right to replace an Abandoned Product pursuant to this Section 3.5(b) by giving written notice to BIOCHEMIE no later than [*] days after the abandonment of such Abandoned Product, stating that CUBIST is exercising such right.
Such Product shall become, upon expiration of the ***** cure period without the failure being remedied, an Abandoned Product hereunder and the “Applicable Territory” for such Abandoned Product shall be all the country(ies) where the Commercially Reasonable Efforts obligation has not been fulfilled.
Any Product that Novartis abandons in a given country(ies) under this Section 6.9(b), which abandonment is not consistent with Commercially Reasonable Efforts, shall become, upon the giving of notice by Novartis or, in the event that the Parties disagree, relevant determination by the arbitrators, an Abandoned Product hereunder, and the “Applicable Territory” for such Abandoned Product shall be all the country(ies) where abandonment is designated in such notice.
If Tanox acquires any rights to an Abandoned Product, Tanox may use any studies conducted by Ciba-Geigy and its Affiliate(s), and shall have access and rights thereto, to the extent that such rights and access have not already been provided under this Agreement.