Blocking Third Party Patent Rights definition

Blocking Third Party Patent Rights means, with respect to any country, Patent Rights in such country Controlled by a Third Party that Cover a Product.
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Blocking Third Party Patent Rights means, on a country-by-country basis, patent rights owned or controlled by a Third Party that, in the absence of a license thereunder, could reasonably be or is determined to be infringed by (i) the use, offer for sale, sale or importation of any Licensed Product as it is formulated as of the Effective Date (“Blocking Third Party Product Rights”) or (ii) the manufacture of any drug substance within a Licensed Product as it is manufactured as of the Effective Date or pursuant to a process developed by or on behalf of Concert during the Development Program (“Blocking Third Party Manufacturing Rights”).
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Blocking Third Party Patent Rights means, with respect to a Product in any country in the Licensed Territory, any Patent Rights owned or Controlled by a Third Party that are necessary to Manufacture, or necessary or useful to Develop or Commercialize, such Product in such country.
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Examples of Blocking Third Party Patent Rights in a sentence

  • With respect to a particular country in the Licensed Territory, CANbridge will be entitled to deduct from royalty payments under Section 6.3 (Royalties) otherwise payable to AVEO in such country [**]% of any Blocking Third Party Intellectual Property Costs paid by CANbridge under a license to Blocking Third Party Patent Rights obtained by CANbridge and applicable to such country.

  • In the event a proposed settlement involves Neurocrine obtaining a license under Blocking Third Party Patent Rights, the provisions of clause 5.4(a) shall apply.

  • In-License shall mean an agreement between a Party or its Affiliate and a Third Party pursuant to which the Party or its Affiliate has been granted a license to Blocking Third Party Patent Rights for use by either Party or both Parties in accordance with Section 3.4.

  • In the event that the Parties do not agree, the notifying Party or its Affiliate shall thereafter have the right to (i) obtain a sublicenseable license under such Blocking Third Party Patent Rights from the relevant Third Party or (ii) acquire such Blocking Third Party Patent Rights from the relevant Third Party.

  • In the event a license or acquisition of Blocking Third Party Patent Rights is obtained, and any amounts are paid by Neurocrine or its Affiliate or Sublicensee to any Third Party to license or acquire such Blocking Third Party Patent Rights ("Third Party Payments"), Neurocrine shall have the right to reduce the Royalty Payments otherwise payable to Heptares under clause 5.3 in a given period by up to [***] percent ([***]%) of the Third Party Payments made in such period, subject to clause 5.4(d) below.

  • If, during the Term, Neurocrine determines, in its reasonable judgment, that it is necessary to obtain rights under any Blocking Third Party Patent Rights in order to Exploit a Licensed Product in accordance with this Agreement, then Neurocrine shall promptly notify Heptares.

  • Blocking Third Party Patent Rights shall mean, with respect to any country in the Defiante Territory, on a country-by-country basis, Patent Rights in such country owned or controlled by a Third Party that Cover the Product or its Manufacture or Commercialization in the Field.

  • If the Development, Manufacture or Commercialization of a Product by Cubist in the Cubist Territory in accordance with this Agreement infringes Blocking Third Party Patent Rights, []* of such Blocking Third Party Patent Rights that *Confidential Treatment Requested.

  • In-License shall mean an agreement between a Party or its Affiliate and a Third Party pursuant to which such Party or its Affiliate has licensed Blocking Third Party Patent Rights for use by either Party or both Parties in accordance with Section 3.4.

  • If, at any time or from time to time after the Effective Date and during the Term, a Party becomes aware of any Blocking Third Party Patent Rights that []*.


More Definitions of Blocking Third Party Patent Rights

Blocking Third Party Patent Rights means any particular claim in a Patent owned or controlled by a Third Party that, in the absence of a license thereunder, could reasonably be determined to be infringed by the Exploitation of the Licensed Product in the Territory pursuant to the licenses granted to Kowa hereunder, but excluding all Patent claims that claim delivery devices, formulations, excipients, gel-packs or other packaging, active ingredients that are not expressly and specifically claimed in the Licensed Patents, or methods of Manufacture of Licensed Product that are not expressly disclosed in the Licensed Technology, or methods of use of Licensed Product that are not specifically claimed in the Licensed Patents.
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Blocking Third Party Patent Rights. Blocking Third Party Patent Rights shall mean, with respect to any country in the Cubist Territory, on a country-by-country basis, Patent Rights in such country owned or controlled by a Third Party that Cover a Product in final form, without giving effect to any good faith filing or active prosecution requirements of any Valid Claim of such Patent Rights, set forth in Section 1.159(b). For the avoidance of doubt, the Patent Rights licensed from []* by Dyax under the []* License Agreement and sublicensed to Cubist under this Agreement shall not constitute Blocking Third Party Patent Rights, unless any Patent Rights licensed from []* would constitute a “Blocking Third Party Patent Right” after Cubist begins []* in accordance with the terms of this Agreement.
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Related to Blocking Third Party Patent Rights

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

  • Program Patent Rights means all Patent Rights that claim or cover patentable Program Know-How, including any Program-Specific Patent Rights.

  • Licensed Patent Rights means:

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

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensee Patents means all of the Patents Controlled by Licensee, its Sublicensees, or any of its or their respective Affiliates as of the Effective Date or during the Term that are necessary (or, with respect to patent applications, would be necessary if such patent applications were to issue as patents) for the Exploitation of a Licensed Product in the Field in the Territory.

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

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, Product IP, and Licensor’s rights in the Program IP and Joint Patents.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed IP means the Intellectual Property owned by any person other than the Corporation and to which the Corporation has a license which has not expired or been terminated;

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

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Regents' Patent Rights means any of the following: the U.S. patent application, serial number [***], entitled [***] disclosing and claiming the Invention, filed by Inventors and assigned to THE REGENTS; and continuing applications thereof including divisions, substitutions, and continuations-in-part (but only to extent the claims thereof are enabled by disclosure of the parent application); any patents issuing on said applications including reissues, reexaminations and extensions; and any corresponding foreign applications or patents.

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

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

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

  • Joint Patents means all Patents claiming Joint Inventions.

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

  • Infringement has the meaning set forth in Section 6.3(a).

  • Product Technology means the Product Know-How and Product Patents.