Blocking Third Party IP definition

Blocking Third Party IP has the meaning set forth in Section 3.7(a).
Blocking Third Party IP means, on a country-by-country basis, Intellectual Property owned or Controlled by a Third Party that might block making, having made, using, selling or offering for sale a Product in the absence of a license granted by such Third Party.
Blocking Third Party IP means, with respect to a Product, any Patent, trade secret or other intellectual property right owned or controlled by a Third Party that Purchaser reasonably and in good faith determines, in the absence of a license thereunder, would be infringed or misappropriated by the making, using, selling, offering for sale, or importation of such Compound contained in such Product in a country, excluding any Patent, trade secret or other intellectual property right licensed by Purchaser as of the Effective Date.

Examples of Blocking Third Party IP in a sentence

  • Required Third Party IP and Blocking Third Party IP are collectively referred to as “Third Party IP”).

  • In the event that Licensor elects not to oppose the claim or does not successfully obtain any necessary license, Licensee shall have the right to negotiate directly with such third party for a license under the Blocking Third Party IP.

  • For purposes of clarity, (i) any costs incurred by Intrexon in obtaining and maintaining licenses to Required Third Party IP shall be borne solely by Intrexon and shall not be included as an Allowable Expense, and (ii) any costs incurred by ZIOPHARM in obtaining and maintaining licenses to Blocking Third Party IP (and, to the limited extent provided in subsection (b), Required Third Party IP) shall be treated as an Allowable Expense in determining Product Profit.

  • Following the IPC’s discussion of any Blocking Third Party IP, subject to Section 3.7(c), [*****] shall have the right to pursue a license under Blocking Third Party IP [*****].

  • For purposes of clarity, (i) any costs incurred by [*****] in obtaining and maintaining licenses to Required Third Party IP shall be borne solely by [*****] and shall not be included as an Allowable Expense, and (ii) any costs incurred by [*****] in obtaining and maintaining licenses to Blocking Third Party IP (and, to the limited extent provided in subsection (b), Required Third Party IP) shall be treated as [*****].

  • For the avoidance of doubt, [*****] may at any time obtain a license under Blocking Third Party IP outside the Field [*****] provided that if [*****] decides to seek to obtain such a license, it shall use reasonable efforts to coordinate its licensing activities in this regard with [*****].

  • If Licensee licenses the Blocking Third Party IP, then [**] percent ([**]%) of any royalties on Product sales paid by Licensee to such third party in such country with respect to Blocking Third Party IP shall be deducted from any royalty payments payable to Licensor by Licensee under the applicable provisions of Section 3.2, provided, however that no such deduction will be more than [**] percent ([**]%) of any amount due Licensor in any Calendar Quarter.

  • In the event that Auxilium elects not to oppose the claim or does not successfully obtain any necessary license, Ipsen shall have the right to negotiate directly with such Third Party for a license under the Blocking Third Party IP.

  • In case of any litigation relating to Blocking Third Party IP and until final decision of the appropriate court, Ipsen shall be entitled to pay 50% of all royalties due to Auxilium on Net Sales made in the relevant country, into an escrow account opened with a bank to which Auxilium shall have no reasonable objection.

  • Following the IPC’s discussion of any Blocking Third Party IP, subject to Section 3.7(c), ZIOPHARM shall have the right to pursue a license under Blocking Third Party IP, at ZIOPHARM’s sole expense.

Related to Blocking Third Party IP

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Third Party Intellectual Property Rights means any Intellectual Property owned by a third party.

  • Third Party Licenses has the meaning set forth in Section 3.

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Customer Technology means Customer's proprietary technology, including Customer's Internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Customer or licensed to Customer from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed during the term of this Agreement by Customer.

  • Third Party Data has the meaning set forth in Section 9.3(a).

  • Blockchain technology means the use of a digital database containing records of

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;

  • Third Party Information means confidential or proprietary information subject to a duty on the Company’s and its affiliates’ part to maintain the confidentiality of such information and to use it only for certain limited purposes.

  • Collaboration Technology means all Collaboration Patents and Collaboration Know-How.

  • Third Party Items means Third Party Content and Third Party Products.

  • Autism spectrum disorder means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviours.

  • Collaboration IP means Collaboration Know-How and Collaboration Patents.

  • Autism spectrum disorders means any of the pervasive developmental disorders as defined by the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, published by the American Psychiatric Association, including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified.

  • Third Party Vendor means any person or entity that provides SaaS, third party software and/or related intellectual property. “Work” means any additional work the Customer requests Singtel to perform in relation to the Service.

  • Third Party Software means software which is proprietary to any third party (other than an Affiliate of the Contractor) which is or will be used by the Contractor for the purposes of providing the Services.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Licensed Intellectual Property Rights means any Intellectual Property Rights owned by a third party that a Person has a right to use, exploit or practice by virtue of a license grant, immunity from Legal Action or otherwise.