AbbVie Patents definition

AbbVie Patents means all of the Patents that (i) are Controlled by AbbVie or any of its Affiliates as of the Effective Date or at any time during the Term, and (ii) 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 performance of Discovery Activities or the Exploitation of any Molecule or any Product, but (iii) excluding any Joint Patents.

AbbVie Patents means all of the Patents Controlled by AbbVie or any of its Affiliates as of the Development Agreement 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 Exploitation of any Licensed Compound or Licensed Product. In any event, the AbbVie Patents include the Existing Patents and the Development License Patents (including, for clarity, all Patents related (i.e., pursuant to clauses (ii) through (v) of the definition of “Patents”) to any Existing Patent or Development License Patent).

AbbVie Patents means all of the Patents (including Collaboration Patents) Controlled by AbbVie or any of its Affiliates as of the Development Agreement Effective Date or at any time thereafter and until the end of the term of the Collaboration Agreement 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 Exploitation of any Licensed Compound or Licensed Product. In any event, the AbbVie Patents include the Existing Patents and the Development License Patents (including, for clarity, all Patents related (i.e., pursuant to clauses (ii) through (v) of the definition of “Patents”) to any Existing Patent or Development License Patent).

Examples of AbbVie Patents in a sentence

• AbbVie shall have the first right, but not the obligation, to defend and control the defense of the validity and enforceability of the AbbVie Patents at its own expense in the Territory.

• Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of the AbbVie Patents by a Third Party in the Territory of which such Party becomes aware (including alleged or threatened infringement based on the development, commercialization, or an application to market a product containing a Licensed Compound or any Licensed Product in the Territory).

• Notwithstanding the foregoing, AbbVie reserves the right under AbbVie’s interests in the Joint IP, the clinical data referred to in Section 12.4.4 and the AbbVie Patents described above to Develop and Manufacture Licensed Products in the Terminated Territory(ies) solely for the purposes of supporting Regulatory Approval or Commercialization of Licensed Products in the remaining countries in the Territory.

• As between the Parties, [***] shall have the sole right to make all filings with Regulatory Authorities in the Territory solely with respect to the AbbVie Patents, Morphic Patents, and Joint Patents that claim any Licensed Compound or Licensed Product or the Exploitation of such Licensed Compound or Licensed Product, including as required or allowed in the United States or other jurisdictions.

• Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of the AbbVie Patents by a Third Party in the Territory of which such Party becomes aware (including alleged or threatened infringement based on the development, commercialization, or an application to market any Product in the Territory).

More Definitions of AbbVie Patents

AbbVie Patents means all of the Patents Controlled by AbbVie or any of its Affiliates as of the Development Agreement Effective Date or at any time thereafter and until the end of the term of the Exclusive License Agreement that cover (or, with respect to Patent applications, would cover if such Patent applications were to issue as Patents) the composition of matter or method of use of Licensed Compound or the Development, making or having made of Licensed Compound. In any event, the AbbVie Patents include the Existing Patents and the Development License Patents (including, for clarity, all Patents related (i.e., pursuant to clauses (ii) through (v) of the definition of “Patents”) to any Existing Patent or Development License Patent).

AbbVie Patents means all of the Patents that (i) are Controlled by AbbVie 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 claims to AbbVie (or any of its Affiliates) after the Effective Date and during the Term as a result of performance under this Agreement, and (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.

AbbVie Patents means the AbbVie Background Patents and the AbbVie Collaboration Patents.

AbbVie Patents means: (a) the Patents set forth in Schedule 1.4 that are Controlled by AbbVie or any of its Affiliates as of the Effective Date, as well as any Patents issuing therefrom; (b) all Patent applications filed after the Effective Date, as well as any Patents issuing therefrom, that directly claim priority to any of the Patents in the foregoing clause (a); and (c) all Patent term extensions, supplementary protection certificates, or equivalent rights relating to clauses (a) and (b), by or on behalf of the Parties under this Agreement.

AbbVie Patents means (a) the Patents set forth on Schedule 1.4 (the “Scheduled Patents”) and (b) all other Patents that claim priority to (i) any of the Scheduled Patents or (ii) any Patent to which any of the Scheduled Patents claims priority, in each case ((i) and (ii)), that solely claim subject matter that is disclosed in the Scheduled Patents.

AbbVie Patents means all of the Patents that (a) are Controlled by AbbVie or any of its Affiliates during the Term, (b) claim inventions made or conceived by or on behalf of AbbVie or any of its Affiliates after the Effective Date and during the Term as a result of performance under this Agreement and (c) are necessary or reasonably useful (or, with respect to patent applications, would be necessary or reasonably 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 excluding any Joint Patents.

AbbVie Patents means any Patent Controlled by AbbVie or any of its Affiliates in the I-Mab Territory as of the Effective Date or at any time during the Term that claim an invention that is (a)(i) conceived, reduced to practice, discovered, developed or otherwise made solely by or on behalf of AbbVie or any of its Affiliates under this Agreement and (ii) necessary for the Exploitation of such I-Mab Licensed Product; or (b) incorporated into, or used in the Exploitation of an I-Mab Licensed Product by or on behalf of AbbVie or any of its Affiliates under this Agreement; provided, for clarity, that “AbbVie Patents” do not include (x) any Other Ingredients or Agents Patent, (y) any Patent licensed to AbbVie or any of its Affiliates pursuant to an Excluded Upstream License, or (z) without limiting the invention described in subsection (b) above, any claims in a Patent that are not necessary for the Exploitation of an I-Mab Licensed Product into which such invention is incorporated or in the Exploitation of which such invention is used by AbbVie or any of its Affiliates.