Blocking Patents means any patents and/or patent applications owned and/or controlled by Third Parties having claims which would be infringed by SB making, having made, using, having used, offering for sale, selling or having sold all or part of Product and which would prevent SB from using the intellectual property rights granted to SB by Corixa hereunder.
Blocking Patents means as to a Product, in the case of Amgen, any Patent Rights Controlled by a Third Party that claim, in a particular country, the composition of matter or method of use of such Product, and which such Patent Rights would be infringed by the manufacture, use, offer for sale, sale, import, or export of such Product in such country.
Blocking Patents means Licensee Patent Rights other than those described in clause (A) of this Section 9.6(c)(i), but excluding any such Licensee Patent Right claiming any manufacturing or formulation technology that was not actually used by Licensee (or any of its Related Parties) prior to termination in the development, manufacture or commercialization of Compounds or Products in the Field. Notwithstanding the foregoing, to the extent the Blocking Patents include Patent Rights licensed to Licensee by a Third Party (other than a Sublicensee) that are subject to royalty or milestone payment obligations to such Third Party with respect to Compounds or Products, then Licensee shall so notify Licensor, together with a true, complete and correct description of such royalty and milestone payment obligations, and the inclusion of such Blocking Patents in the license granted to Licensor under clause (B) of this Section 9.6(c)(i) shall be subject to Licensor’s agreeing in writing to reimburse, and promptly reimbursing, Licensee for all royalty and milestone payments that become due to such Third Party solely by reason of Licensor’s exercise of Blocking Patents after such termination in the development, manufacture or commercialization of Compounds or Products in the Field.
Examples of Blocking Patents in a sentence
Robert Merges, Intellectual Property Rights and Bargaining Breakdown: The Case of Blocking Patents, 62 TENN.
Merges, A Brief Note on Blocking Patents and Reverse Equivalents: Biotechnology as an Example, 73 J.
Blocking Patents The patents of others can block a patentee’s ability to exploit its own invention.
Adams, Blocking Patents and the Scope of Claims (2009) at http://www.stanford.edu/dept/law/ipsc/pdf/adams-charles.pdf; Cohen & Lemley, supra note 70; Christopher A.
Blocking Patents The patents of others can block a patentee’s ability to exploit its own invention without a license to the others’ patents.
More Definitions of Blocking Patents
Blocking Patents means as to a Licensed Compound or Licensed Product, any Patent rights of a Third Party that claim, in a particular country, the composition or use or manufacture of such Licensed Compound or Licensed Product, and which such Patent rights would be infringed by the manufacture, use, offer for sale, sale, import or export of such Licensed Compound or Licensed Product in such country.
Blocking Patents means all patents and applications therefor, anywhere in the world, currently as of the Effective Date or at any time thereafter, owned by AFFYMETRIX (or by an AFFYMETRIX AFFILIATE) or under which AFFYMETRIX (or an AFFYMETRIX AFFILIATE) has the right to grant licenses or sublicenses, having a claim that covers a CURRENT PRODUCT.
Blocking Patents shall have the meaning provided in Section 9.6(c)(i).
Blocking Patents means patents owned and/or controlled by THIRD PARTIES which are needed by LICENSEE for the making, having made, using, having used, importing, offering for sale, selling or having sold VACCINES
Blocking Patents means any and all Patents (other than Patents described in Section 1.9(a) or licensed to ARYx under the University of Toledo Agreement) (a) that constitute or issue from patent applications that are filed in the U.S. or any foreign jurisdiction during the term of this Agreement, (b) that are Controlled by ARYx or its Affiliate, and (c) the practice of which [*].
Blocking Patents means any patents other than JOINT PATENTS owned by a Party based on inventions made by a SUBCONTRACTOR under an obligation to assign to such Party after the EFFECTIVE DATE or an employee, consultant or other person under an obligation to assign to such Party, invented after the EFFECTIVE DATE and prior to the earlier of (i) any termination of SRX's rights to LICENSED PATENTS for MONITORING APPLICATIONS under this Agreement or (ii) five (5) years after the EFFECTIVE DATE, in either case that are not LICENSED PATENTS, and that would be infringed by, in the case of SRX (or ALTEA or NIMCO, in the event of any termination of SRX's rights to LICENSED PATENTS for MONITORING APPLICATIONS under this Agreement), the use of any MONITORING APPLICATION disclosed or claimed in any LICENSED PATENTS or, in the case of ALTEA or NIMCO, the use of any DELIVERY APPLICATION disclosed or claimed in any LICENSED PATENTS. BLOCKING PATENTS shall not include any patents that are licensed or assigned to a Party by a THIRD PARTY (except any SUBCONTRACTOR or employee, consultant or other person under an obligation to assign patents to such Party) or that are owned by an AFFILIATE of a Party * Confidential portions omitted and filed separately with the Commission pursuant to an application for confidential treatment pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. prior to that AFFILIATE becoming an AFFILIATE of a Party or which are owned by an entity that acquires or merges with a Party.
Blocking Patents means any Patent Rights that Novartis or its Affiliates Control as of the Effective Date that Cover (i) compositions comprising, (ii) methods of manufacture of, or (iii) uses of, the Licensed Compound and/or Licensed Products, and in each case that are not otherwise included in the Category A Licensed Patents, Category B Licensed Patents, Ongoing Clinical Trial Patents, or Other Inventions Patents.