Abbott Patents means Xxxxxx’x patents and/or patent applications (including without limitation, patents or patent applications constituting divisions, continuations, continuations-in-part, reissues, reexaminations, substitutions, extensions or renewals of the patents or applications aforesaid or additions or supplementary protection certificates with respect thereto, and any and all foreign counterparts of any of the foregoing) only to the extent that such patents cover the Compound and/or Product as hereinafter defined, as to which Abbott has granted to WAKUNAGA a license (or similar rights), with the right to grant sublicenses, to research, have researched, develop, have developed, make, have made, use, have used, import, have imported, market, have marketed, offer for sale, sell and have sold the Compound and/or Product in any countries of the world. The Abbott Patents filed by Abbott as of the Effective Date are listed and attached hereto as Appendix 1 hereof, which Appendix 1 shall be updated and/or corrected by WAKUNAGA from time to time, as appropriate, and provided to MELINTA. Abbott Patents shall not include the scope of any such patent right that extends beyond the Compounds or Products.
Abbott Patents means all of the Patents Controlled by Abbott or any of its Affiliates as of the Effective Date or at any time during the Term that are reasonably necessary or useful (or, with respect to patent applications, would be reasonably necessary or useful if such patent applications were to issue as patents) for the Development, Manufacture or Commercialization of a Product in the New Collaboration Field, but excluding any Joint Patents.
Abbott Patents means (a) all of Xxxxxx'x rights in any patents conceived, developed or owned by or otherwise licensed to or controlled by Abbott ***, which include claims covering or potentially covering the manufacture, use or sale of the Compounds or Products and (b) all substitutions, extensions, divisionals, continuations, continuations-in-part, reissues, reexaminations, renewals, supplementary protection certificates or foreign counterparts of such patents and patent applications identified in sub-part (a).
Examples of Abbott Patents in a sentence
In consideration of the rights, licenses, Wakunaga Patents, Abbott Patents, Proprietary Information, assistance and service to be granted and provided by WAKUNAGA to MELINTA hereunder, MELINTA shall pay the following milestone payments (the “Milestone Payments”) within ten (10) calendar days following the first occurrence, and only the first occurrence of the specified event (whether the applicable milestone is achieved by MELINTA or any of its Sublicensees).
With respect to Abbott properties such as Abbott Patents and/or Abbott Proprietary Information, whenever anything in relation to this Agreement occurs, both Parties shall discuss any matter with AbbVie in good faith and find a proper solution so as to reach the satisfaction of AbbVie, MELINTA and WAKUNAGA.
If Abbott does not provide its comments with respect to the Prosecution of a patent application and/or patent within the Abbott Patents within twenty (20) days of receipt of the relevant documents and in no event later than ten (10) days prior to the deadline for filing or otherwise responding to the relevant paper in the relevant patent office, Rib-X shall be free to act without consideration of Xxxxxx’x comments but in good faith.
Abbott and Rib-X shall consult and cooperate with each other regarding the Prosecution of the Abbott Patents.
Abbott shall have the right, at its sole discretion, on its own behalf, to institute, prosecute and control any action or proceeding to restrain infringement of any Abbott Patents in the Territory.
More Definitions of Abbott Patents
Abbott Patents means all of the Patents that (i) are Controlled by Abbott or any of its Affiliates during the Term, (ii) include claims that cover inventions made or conceived by Persons having an obligation to assign such to Abbott (or any of its Affiliates) after the Effective Date and during the Term as a result of performance under this Agreement, (iii) are reasonably necessary or useful (or, with respect to patent applications, would be reasonably necessary or useful if such patent applications were to issue as patents) for the Development, Manufacture, or Commercialization of the Licensed Compound or a Licensed Product, but (iv) excluding any Joint Patents.
Abbott Patents means Xxxxxx'x patents in all countries, including improvement patents, patents of addition, patents of importation, certificates of invention, utility model and design patents, and all reissues, renewals and extensions thereof; and applications for such patents, including original, divisional, continuation and continuation-in-part applications pending before any patent office related to the production of Product. ***** Confidential portions of this material have been omitted and filed separately with the Securities and Exchange Commission.
Abbott Patents means Xxxxxx’x patents and/or patent applications (including without limitation, patents or patent applications constituting divisions, continuations, continuations-in-part, reissues, reexaminations, substitutions, extensions or renewals of the patents or applications aforesaid or additions or supplementary protection certificates with respect thereto, and any and all foreign counterparts of any of the foregoing) only to the extent that such patents cover the Compound or Products as hereinafter defined, as to which Abbott has granted to Wakunaga a license under the [***]. The Abbott Patents filed by Abbott as of the Effective Date are listed and attached hereto as Appendix 1 hereof, which Appendix 1 shall be updated and/or corrected by Abbott from time to time, as appropriate, and provided to Rib-X.
Abbott Patents means (a) all of Abbott's rights in any patents conceived, developed or owned by or otxxxxxxx licensed to or controlled by Abbott *** , during the Term resulting from Abbott's or its Affiliates' work with a Compound or Product and which xxx xxxcticed or used in the development, manufacture, use or sale of a Compound or Product and (b) all substitutions, extensions, divisionals, continuations, continuations-in-part, reissues, reexaminations, renewals, supplementary protection certificates or foreign counterparts of such patents and patent applications identified in sub-part (a).
Abbott Patents means (a) the Hathaway Patents; (b) all foreign counterparts, divisions, continuations, continuations-in-part, patents of addition, substitution, registrations, reissues, reexaminations or extensions of any kind with respect to any of the Hathaway Patents, and any other patents that claim priority to or provide priority for any patent application from which any of the Hathaway Patents derived. The titles, filing dates, and patent or serial numbers of the foregoing are set forth on Exhibit A; provided, however, that the failure to list a patent or counterpart on Exhibit A shall not exclude the omitted patent or counterpart from the Abbott Patent Rights. “Abbott Patents” shall not include any rights in any patents that Abbott acquires after the Effective Date of this Agreement with a right to license or sublicense unless they are presently pending and will automatically fall under the terms of the Hathaway License.
Abbott Patents shall not include any rights in any patents that Abbott acquires after the Effective Date of this Agreement with a right to license or sublicense unless they are presently pending and will automatically fall under the terms of the Hathaway License.
Abbott Patents means (a) any patents or patent applications owned by or otherwise licensed to or controlled by Abbott (to the extent sublicensing is permissible) as of the Effective Date or arising on or after the Effective Date under the Manufacturing Agreement, which include claims covering or potentially covering the manufacture, use or sale of the Compounds or Products; and (b) all substitutions, extensions, divisionals, continuations, continuations-in-part, reissues, reexaminations, renewals, supplementary protection certificates or foreign counterparts of such patents and patent applications identified in sub-part (a).