Amgen Product definition
Examples of Amgen Product in a sentence
Amgen shall own all goodwill associated with all Domain Names corresponding to or containing a nonproprietary name of the Product or an Amgen Product Trademark or Amgen Housemark throughout the world.
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.
For clarity, neither Kite nor any Kite CMO shall be required to (i) develop any process to improve upon the Phase 1 Clinical Trial clinical product manufacturing of any Amgen Product for any Phase 2 Clinical Trial clinical manufacturing of such Amgen Product, or (ii) develop a commercial process for any Amgen Product, and any commercial product sold during such period by Amgen shall be manufactured according to the process used to manufacture clinical product.
Unless otherwise stated hereinafter, each Party agrees that it shall not seek to register or obtain ownership rights in any Novartis Product Trademark or any Novartis Housemark (in the case of Amgen) or any Amgen Product Trademark or any Amgen Housemark (in the case of Novartis) (or confusingly similar trademark) as a Trademark anywhere in the United States.
Kite or the Kite CMO, as the case may be, shall be responsible for clinical or commercial supply of all Amgen Products directed against a particular Amgen Target, until, on an Amgen Target-by-Amgen Target basis, […***…] from the date of completion of the first Phase 2 Clinical Trial for the first Amgen Product directed against such Amgen Target.
In the event that Amgen does not elect to enforce any Patent Right within the Kite Patents or Collaboration Patents, then Kite shall be entitled to do so, unless Amgen has a good faith belief that Kite’s enforcement of such Patent Rights would be reasonably likely to jeopardize the Exploitation of an Amgen Product.
Notwithstanding the provisions of Section 6.1 (Amgen Responsibility), with respect to Amgen Products manufactured by Kite, Kite shall assist with the […***…] for any such Amgen Product, with sufficient information to satisfy […***…].
On an Amgen Target-by-Amgen Target basis, at any time after the Initiation of the first Phase 1 Clinical Trial for the first Amgen Product to such Amgen Target, Amgen will have the right to terminate this Agreement with respect to such Amgen Target […***…] after delivery of written notice to Kite thereof.
Kite shall use diligent efforts either to have its contract with such Approved CMO (if such Approved CMO is a Kite CMO) with respect to such Amgen Product (and potentially other Amgen Products) assigned to Amgen, or facilitate discussions between Amgen and such Approved CMO with respect to a new contract to be entered into between them with respect to continued supply of such Amgen Product for Amgen’s further supply needs.
In the event that it becomes necessary for one Party to provide the other Party with tangible research or biological materials (other than an Amgen Product for clinical or commercial use), the Parties will enter into an appropriate material transfer agreement related thereto, which agreement will be subject to this Agreement and will be interpreted consistent with the terms hereof.