Amgen Patents definition

Amgen Patents means Patents that Amgen Controls during the Term that Claim the composition of matter of, or any method of making or using, any Compound, alone or as incorporated into a Product, or a Product (excluding any active ingredient that is not a Compound); but excluding the Joint Patents.

Amgen Patents means all Amgen Background Patents and Amgen Invention Patents.

Amgen Patents means, with respect to the Product, those patents and patent applications set forth on the Amgen Patents Schedule, as well as any continuation, divisional, substitution, continuation-in-part, reissue, reexamination, provisional and converted provisional application thereof, as well as any Patent in the United States Controlled by Amgen or its Affiliates on or after the Effective Date (including an interest in a patent or Joint Patent pursuant to Section 9.1 (Ownership and Cooperation)) that (i) would (absent the licenses granted herein) be infringed by the Commercialization of, or the conduct of Medical Affairs Activities with respect to, the Product in the Field in the United States or (ii) would be [*] for the Commercialization of, or the conduct of Medical Affairs Activities with respect to, the Product in the Field in the United States. For purposes of determining whether a patent application falls within clause (i) of this definition, a patent application shall be considered “infringed” if its pending claims would be infringed if issued as then currently set forth in the patent application.

Examples of Amgen Patents in a sentence

• Notwithstanding the foregoing, to the extent any such recoveries are obtained with respect to Amgen Patents, the amount payable to Xencor with respect to that portion of such recovery attributable to an Amgen Patent (after reimbursement of litigation expenses) shall be reduced by […***…]%.

• Other than with respect to any Collaboration Patents, Amgen will be solely responsible, at its own cost, for preparing, filing, prosecuting (including, but not limited to provisional, reissue, continuing, continuation-in-part, and substitute applications and any foreign counterparts thereof), and maintaining all Amgen Patents and conducting any interferences and oppositions or similar proceedings relating to Amgen Patents.

• Amgen shall control, itself or through outside counsel reasonably acceptable to Novartis and directed by Amgen, Patent and Trademark Matters with respect to Amgen Patents, Amgen Product Trademarks and Joint Patents (in the case of Joint Patents, the prosecution will be in the name of both Parties), in each case solely in the United States (collectively, the “United States Patents and Trademarks”), as well as preparation and filing for any patent term extensions or similar protections therefor.

• Amgen has full legal or beneficial title and ownership of, or a license to, the Amgen Patents as is necessary to grant the licenses (or sublicenses) to Xencor to such Amgen Patents that Amgen purports to grant pursuant to this Agreement.

• Amgen shall have the right to terminate this Agreement should Novartis, its Affiliate or its or their licensee under the Amgen Patents or Amgen Product Trademarks bring or join any challenge to the validity or enforceability of any Amgen Patent or Amgen Product Trademark and Novartis, its Affiliate or its or their licensee has not withdrawn from such challenge within [*] days following receipt of a written notice from Amgen to withdraw.

More Definitions of Amgen Patents

Amgen Patents means [*].

Amgen Patents means the Patent Rights listed on Exhibit A (Amgen Patents).

Amgen Patents means U.S. Patent No. 4,762,779 and Canadian Patent No. 1,303,526 and all Patent Rights based on such patents, and all counterparts of any of the foregoing in any country.

Amgen Patents means (a) the Patent Rights listed on Exhibit A and (b) any other Patent Rights Controlled by Amgen or its Affiliates that Cover Inventions necessary or reasonably useful for the conduct by CytomX of Pre-Clinical Development Plan activities or the Exploitation of CytomX Products or EGFR Products to the extent provided for in this Agreement.

Amgen Patents means any Patents that (a) (1) are Controlled by Amgen as of the Effective Date or (2) come under the Control of Amgen during the Program Term (other than pursuant to a license or similar grant of rights from TScan) and do not claim inventions that are first conceived of (A) in the performance of the activities contemplated under this Agreement or (B) through the use of or reference to any TScan Background Platform IP or TScan Confidential Information, and (b) are necessary or useful for TScan or its Affiliates or its subcontractors (engaged in accordance with Section 3.6) to conduct TScan’s Program Research under the Research Work Plan.

Amgen Patents means, subject to Section 5.4.1 or 5.4.3, as applicable, (i) all Patents Controlled by Amgen as of the Effective Date that are reasonably necessary or useful for the Parties to conduct their respective activities under the Discovery Program and Global Development Plan, (ii) Amgen’s interest in Patents claiming Collaboration Technology, and (iii) any other Patents Controlled by Amgen during the term of this Agreement that are reasonably necessary or directly useful for the conduct of the Discovery Program; provided, however, that with respect to Patents licensed by Amgen from Third Parties that are within the foregoing clause (iii), and not clause (i) or (ii), such Patents shall not be included within the Amgen Patents for purposes of the licenses to Array hereunder unless and until Array agrees with Amgen in writing to assume such payment obligations as they relate to Compounds and Products. Amgen agrees to provide information regarding such payments (if any) to Third Parties upon Array’s request.

Amgen Patents means all Patents licensed to ANTHERA under the Amgen Agreement.