Asterias Patent Rights definition
Examples of Asterias Patent Rights in a sentence
Any recovery or settlement received in connection with any suit with regard to Asterias Patent Rights will be awarded to Asterias and may be shared in accordance with any future agreement entered into by the Parties.
BioTime and ESI shall have no right to grant Sublicenses in the event that no other substantial intellectual property rights controlled by BioTime or ESI are included in a sublicense of the Asterias Patent Rights (“a BioTime/ESI Naked Sublicense”), except as provided in Section 2.4(b).
Subject to the limitations set forth in this Agreement, Asterias hereby grants to BioTime and ESI, and BioTime and ESI hereby accept a fully-paid, perpetual (subject to Article 7), non-royalty-bearing, world-wide, non-exclusive, sub-licensable (to the extent permitted in Section 2.4(a)) license in, to, and under the Asterias Patent Rights for all purposes in the BioTime/ESI Licensed Field during the Term.
Asterias shall be responsible for all costs associated with filing, prosecuting, and maintaining such Asterias Patent Rights.
Without limiting the foregoing, BioTime will have the right, but not the obligation, to request for Asterias to commence and prosecute patent infringement lawsuits with respect to certain Asterias Patent Rights pursuant to subsection (e) of this Section 5.4.
For clarity, nothing herein shall limit the rights of Asterias pursuant to subsection (b) of this Section 5.4, and Asterias expressly reserves the right to, at any time and in its sole discretion and expense, initiate patent infringement suits with respect to any of the Asterias Patent Rights identified in Schedule F without the prior request or involvement of BioTime.
Subject to the limitations set forth in this Agreement, Asterias hereby grants to BioTime, and BioTime hereby accepts, a fully-paid exclusive option, exercisable within ninety (90) days of notice from Asterias that the applicable Asterias Patent Rights have become available, to enter into an exclusive license in, to, and under the Asterias Patent Rights in that BioTime/ESI Excluded Field described in Section 1.6 (c) for all purposes during the Term.
BioTime shall also have the right to request for Asterias to commence and prosecute an appeal, or to respond to any appeal filed by any third party, of any court order or judgment arising from any lawsuit instituted at BioTime’s Request For Mandatory Enforcement or by Asterias pursuant to this Agreement with respect to the Asterias Patent Rights identified in Schedule F (“Request For Mandatory Appeal”).
Named Affiliates shall have no right to grant licenses in the event that no other substantial intellectual property rights controlled by such Named Affiliate are included in a sublicense of the Asterias Patent Rights.
Any such assignment would be subject to a retained license by Asterias (and its licensees) to continue using and practicing the applicable Asterias Patent Rights in the same manner in which they were using and practicing such Asterias Patent Rights prior to the assignment.