Analog Patents definition

Analog Patents is defined in §1.5 of the Agreement. That definition does not refer to patent expiration dates. The parties use the term "Analog Patents" throughout the Agreement to refer to CMCC's patents. Celgene's interpretation would, therefore, require the court to infer that the parties chose to use the phrase "with respect to March 1, 2013 only" to mean "Analog Patents" in the Revimid Royalty Provision, but not elsewhere in the Agreement. This inference is not reasonable. Because Celgene has not "provide[d] a plausible alternative meaning" for the Revimid Royalty Provision, it has failed to show that the Provision is ambiguous. Coffin ▇. ▇▇▇▇▇▇▇ Inc., 501 F.3d 80, 98 (1st Cir. 2007). Celgene also argues that because the Revimid Royalty Provision was entered into "[i]n further consideration for the rights and license granted herein with respect to Revimid," it
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Analog Patents has the meaning ascribed thereto in the Exclusive License Agreement.
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Analog Patents means and includes: (a) the United States and foreign patents and patent applications listed in Appendix A; (b) the United States and foreign patents issued from applications listed in Appendix A; (c) all United States and foreign divisional and continuations of the patents and patent applications listed in Appendix A, and all resulting United States and foreign patents; (d) all United States continuation-in-part applications and equivalent foreign applications, and all resulting patent(s), that are directed to subject matter described in the United States and foreign patents and patent applications listed in Appendix A; (e) claims of all later-filed United States and foreign patent applications, and of the resulting patents, that are directed to subject matter described in the United States or foreign patents or patent applications in this Section 1.5; (f) all reissues, re-examinations, renewals and extensions of any United States or foreign patents or patent applications described in this Section 1.5.
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Examples of Analog Patents in a sentence

  • CMCC shall not notify a third person of the potential infringement of any of the Analog Patents without first obtaining the express written consent of Celgene.

  • Unless otherwise terminated by operation of law or by acts of Celgene or CMCC in accordance with the terms of this Agreement, this Agreement shall terminate upon expiration of all payment obligations under Article 4, whereupon Celgene shall have a royalty-free license to practice the Analog Patents, and to make, use, offer for sale, sell and import Licensed Products.

  • All reasonable costs and expenses of the Prosecution of the Analog Patents (including all governmental filing fees)' shall be paid by Celgene.

  • For purposes of this Agreement, and subject to the exclusions set forth in Section 15.1(a) through (d) hereof, all information pertaining to the prosecution; enforcement or defense of the Analog Patents shall be treated by all parties as the Confidential Information of the other party.

  • CMCC hereby grants to Celgene a world-wide, exclusive royalty-bearing license, with the right to sublicense, subject to the provisions of Section 2.2 and 2.3 under CMCCs entire right, title and interest in and to the Analog Patents, to make, use, offer for sale, sell, import, practice, and otherwise dispose of any and all Licensed Products and Licensed Methods in the Analog Field.

  • Celgene shall have the sole right, but shall not be obligated, to prosecute, at its own expense, any infringements of the Analog Patents, to defend the Analog Patents and to recover, for its own account, any damages, awards or settlements resulting therefrom.

  • CMCC shall retain a royalty-free, non-exclusive, irrevocable license to practice Licensed Products and Licensed Methods under the Analog Patents for internal, non-commercial research purposes only.

  • In accordance with 35 U.S.C. Section 202, and all rules, laws and regulations promulgated in connection therewith, CMCC shall duly (a) disclose to the relevant Federal agency (as defined in 35 U.S.C. Section 201) all subject inventions (as defined in 35 U.S.C. Section 201) within the Analog Patents, including any arising after the Effective Date hereof, and (b) elect to retain title therein.

  • Celgene shall provide CMCC with copies of all substantive documents received from, or filed with, the PTO and all analogous foreign patent offices in connection with the Prosecution of the Analog Patents.

  • This Agreement, and any appendices hereto (each of which is hereby incorporated herein in their entirety), embody the entire understanding of the parties and supersedes all previous communications, representations, or understandings, either oral or written, between the parties relating to the Analog Patents, including without limitation the EntreMed Analog Agreements, which are hereby terminated in their entirety.

Related to Analog Patents

  • Patent Rights means all patents and patent applications (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.