BMS Patents definition

BMS Patents means all Patents Controlled by BMS and its Affiliates, including Patents Controlled jointly with Exelixis, during the term of this Agreement that are necessary or reasonably useful for Exelixis to exercise the rights licensed or granted to it under Section 5.3 (or which may be acquired by it under Section 5.5 hereof) and/or to perform its obligations to the Collaboration under this Agreement.

BMS Patents means the patents licensed to SG under the BMS Agreement that are identified in Exhibit A. To the extent GNE exercises its opt-in rights for SGN 11 and SGN 12 pursuant to Section 5.5, Exhibit A will be amended to add any applicable Anti-CD40 Patents.

BMS Patents means the BMS Pre-Existing Patents and the BMS Non-Collaboration Patents.

Examples of BMS Patents in a sentence

• BMS will be responsible for all costs incurred by it (including all Patent Prosecution Costs) in the course of Prosecuting and enforcing such BMS Patents.

• BMS will have the sole right and authority with respect to BMS Patents in any jurisdiction, including Prosecution and enforcement.

• The parties acknowledge and agree that none of the Assigned BMS Patents or the Assigned BMS Technical Information is subject to this Section 1.4.

• With respect to the Assigned BMS Patents, Company shall have all the rights and obligations afforded “University” or “Licensee Entities” under Section 6.1(b) of the TDA (including the right to participate at Company’s own cost in any BMS-controlled litigation activities concerning the Assigned BMS Patents).

• If after such notice Company then fails to pay the Patent Costs, as contemplated in Section 7.2, or otherwise elects not to continue to prosecute or maintain any Assigned BMS Patent(s), as contemplated by Section 7.1, then Penn will have the right to offer such Assigned BMS Patent(s) to BMS for assignment or absence such an assignment abandon them as provided in that Section of the TDA.

More Definitions of BMS Patents

BMS Patents means any Patent that is (a) Controlled by BMS or its Affiliates as of the Effective Date or that comes into the Control of BMS or its Affiliates after the Effective Date and during the Term, and (b) reasonably necessary or useful for the Development or Commercialization of any Licensed Product or the conduct of the Five Prime Development Activities. For clarity, BMS Patents shall include BMS’s interest in any Collaboration Patents.

BMS Patents means all patents and patent applications that are Controlled as of the Effective Date or thereafter during the Term by BMS and/or its Affiliate(s) that claim the composition of matter, manufacture or use of one or more Licensed Compounds, Licensed Products or Cancer Products or that would otherwise be infringed, absent a license, by the manufacture, use or sale of any Licensed Compound, Licensed Product or Cancer Product. For clarity, the use of “Affiliate” in this definition shall exclude any Third Party that becomes an Affiliate due to such Third Party’s acquisition of BMS, except as provided in Section 17.8. For further clarity, BMS Patents shall exclude BMS’ interest in any Joint Patents.

BMS Patents means the Patents listed on Schedule 1.1.

BMS Patents means (a) U.S. Patent Application Serial Number 60/315,832 and U.S. Patent Application Serial Number 60/312,657, (b) all divisionals, continuations, continuations-in-part, reissues, extensions, reexaminations, or renewal applications related to the foregoing; and (c) all foreign equivalents to any of the foregoing. All such patents and foreign equivalents granted or filed as of the date of this Agreement are set forth on Schedule 3.07(a).

BMS Patents shall have the meaning set forth in the Asset Purchase Agreement.

BMS Patents means all of the Patents that BMS or its Affiliates Control as of the Effective Date or at any time during the term of this Agreement that would, in the absence of the license granted by BMS in Section 6.1(b) and assuming that the EFV active pharmaceutical ingredient therein was not purchased from BMS, be infringed by the Exploitation of the Combination Product by the JV in any country in the world. A list of the BMS Patents in the Territory as of the Effective Date is attached hereto as Annex D.

BMS Patents has the meaning set forth in the definition of BMS Technology.