Blocking Patent definition

Blocking Patent means a Patent owned or controlled by a Third Party, one or more Valid Claims of which, in the absence of a license thereunder, would be infringed by the making, use, sale, offering for sale, or importation of a POZEN Product in the Territory.

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Blocking Patent shall have the meaning assigned to such term in Section 2.8(c).

Blocking Patent means any issued and unexpired patent not within the PATENT RIGHTS the claims of which cover a LICENSED PRODUCT or any method, process or procedure within the PATENT RIGHTS and, but for rights and license granted by the party that owns or controls such patent, would be infringed by the manufacture, use or sale of such LICENSED PRODUCT or the practice of any method, process or procedure within the PATENT RIGHTS. However, by reason of this Paragraph 7.3, the royalty payable to BOARD under Paragraph 5.4(a) and/or Paragraph 5.5(a) shall not be reduced to less than [*] of NET SALES attributed to SALES of LICENSED PRODUCTS by LICENSEE and/or SUBSIDIARIES, and the royalty payable to BOARD under Paragraph 5.4(b) and/or Paragraph 5.5(b) shall not be reduced to less than [*] of NET SALES attributed to SALES of LICENSED PRODUCTS by sublicensees of either LICENSEE or a SUBSIDIARY. The reduction in royalty pursuant to this Paragraph 7.3 shall be made prior to calculating any adjustment under Paragraph 5.

Examples of Blocking Patent in a sentence

• In the event that Novo is of the opinion, at any time during the Term, that a license under any Blocking Patent is necessary or advisable for purposes of enabling Novo to exercise its license rights under Section 5.1.1, it shall notify Neose.

• In addition, if Xencor requests in writing within […***…] after a termination of this Agreement to which Section 9.7(c) applies, Amgen shall not transfer to any Third Party any Amgen Blocking Patent specified in such request by Xencor, unless such Third Party expressly takes such Patent subject to Xencor’s license under Section 9.7(c)(ii) (and agrees to similarly obligate any further assignee).

• Either Party shall have the right to terminate this Agreement with respect to a particular country upon written notice, in the event that a court of competent jurisdiction determines in a final non-appealable judgment, in a case involving one of the Parties or a Sublicensee of NeurogesX, that the manufacture or sale of the Patch in such country pursuant to this Agreement infringes a Blocking Patent.

• It is understood that the costs of any license obtained with respect to a Blocking Patent (to the extent allocable to the manufacture, use or sale of Patches hereunder) will be shared by the Parties in proportion to their indemnification obligations for IP Claims under Section 9.2. It is understood and agreed that notices, communications and discussions under this Section 7.6 shall not be construed as [***] by either Party.

• The matter shall be deemed resolved if Neose is granted a license, ******, under the relevant Blocking Patent that would make the continued exercise of the rights granted to Novo by Neose hereunder non-infringing with respect to ******.

More Definitions of Blocking Patent

Blocking Patent means a Patent owned or controlled by a Third Party that is not a Related Party, which Patent covers the composition of matter of the Licensed Compound in the applicable country. For clarity, Licensee shall be responsible for making all payments to Third Parties in respect of intellectual property rights hereunder, except that Licensor shall be responsible for all payments to Third Parties in connection with any agreement between Licensor and any Third Party in effect as of the Effective Date.

Blocking Patent means any issued and unexpired patent not within the PATENT RIGHTS the claims of which cover a LICENSED PRODUCT or any method, process or procedure within the PATENT RIGHTS and, but for rights and license granted by the party that owns or controls such patent, would be infringed by the manufacture, use or sale of such LICENSED PRODUCT or the practice of any method, process or procedure within the PATENT RIGHTS.

Blocking Patent means all patents and patent rights in all countries of the world, issued or issuing on patent applications which apply to improvements of or to the Technology and with respect to which, without a license, the Technology would infringe a claim.

Blocking Patent means as to an Amgen Product in the case of Amgen, or a Kite Product in the case of Kite, any Third Party Patent Rights that claim, in a particular country, the composition or use of such Amgen Product or Kite Product, as the case may be, and which such Patent Rights would be infringed by the manufacture, use, offer for sale, sale, import or export of such Amgen Product or Kite Product in such country.

Blocking Patent means (in this Agreement and in any Order Form) a patent invented on behalf of and/or owned at any time by Customer which covers an invention to which a license would be necessary in order to utilize Emony's products and the intellectual property rights pertaining thereto.

Blocking Patent means a patent or patent application owned by LICENSEE and/or its AFFILIATED UNDERTAKINGS covering SIM, smart payment card or smart ID (government, corporate, healthcare and ail other types of smart ID cards) technology for which no practical alternative technology exists.

Blocking Patent means any Patent issued to a Third Party that would be infringed by the manufacture, use, sale, offer for sale or importation of the Product in the GSK Territory.