Corixa Patents means all patents and patent applications (including those arising from the Research Program) which are now or become owned and/or controlled by Corixa during the Research Program Term as may be extended and, subject to Paragraph 4(d) below, during a period of [***] thereafter and/or under which Corixa otherwise has, now or in the future, the right to grant licenses, which generically or specifically claim all or part of Product(s), a process for manufacturing Product(s), intermediates used in such process or a use of Product and any and all technology(ies) generated solely by Corixa in connection with Corixa's performance under this Agreement during the Research Program Term as may be extended and, subject to Paragraph 4(d) below, during a period of [***] thereafter. Included with the definition of Corixa Patents are any continuations, continuations-in-part, divisions, patents of addition, reissues, renewals or extensions thereof. Also included within the definition of Corixa Patents are any patent applications which generically or specifically claim any improvements on Product or intermediates or manufacturing processes required or useful for production of Product which are developed by Corixa, or which Corixa otherwise has the right to grant licenses, now or in the future during the Research Program Term as may be extended and, subject to Paragraph 4(d) below, during a period of [***] thereafter. Corixa Patents shall specifically not include SB Patents. Corixa Patents in existence as of the Effective Date are set forth on Exhibit B attached hereto. Exhibit B also sets forth a list of patents owned and/or controlled by Corixa which are specifically excluded from the scope of Corixa Patents and shall not be considered Corixa Patents for the purpose of this Agreement and to which SB shall have no rights except as separately agreed by the parties in a written separate agreement.
Corixa Patents. Joint Research Program Patents," "SB Patents", "Know-How", "Secret", "Substantial" and "Identified" shall have the meaning as ascribed to such terms in Section 9, below.
Corixa Patents means (a) all patents and patent applications that are identified on Exhibit A attached hereto and (b) all patents and patent applications that cover inventions or discoveries that are made by Corixa solely or jointly with any Third Party (other than ZKC), provided that any such joint inventions or discoveries shall only be included in Corixa Patents to the extent that Corixa has the right to grant licenses thereunder on the terms and conditions of this Agreement, now or in the future in connection with and as a result of the performance of the Development and Commercialization Program and that generically or specifically claim all or any part of the Licensed Product, a process for manufacturing the Licensed Product, intermediates used in such process or a use of the Licensed Product. Included within the definition of Corixa Patents are any continuations, continuations-in-part (solely to the extent such continuation(s)-in-part contain(s) subject matter on which claims issuing obtain the benefit of a priority date of any other patent application included herein), divisions, patents of addition, reissues, renewals, extensions and/or foreign counter-parts thereof. Also included within the definition of Corixa Patents are all patents and patent applications which generically or specifically claim any improvements on Licensed Product or uses of Licensed Product or intermediates or manufacturing processes required or useful for production of any Licensed Product which are developed by Corixa solely or jointly with any Third Party (other than ZKC), provided that any such joint inventions or discoveries shall only be included in Corixa Patents to the extent that Corixa has the right to grant licenses thereunder on the terms and conditions of this Agreement, in connection with and as a result of the performance of the Development and Commercialization Program. Corixa Patents shall specifically not include either ZKC Patents or Joint Patents.
Examples of Corixa Patents in a sentence
Corixa shall disclose to SB the complete texts of all patents and patent applications filed by Corixa which relate to any Product (including Corixa Patents and Joint Research Program Patents) as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving any patent licensed herein anywhere in the Territory.
In connection with any such actual or threatened infringement in the Territory, Corixa and/or, at Corixa's sole discretion, Corixa's Third Party licensor with respect to the Corixa Patents or the Joint Patents, or ZKC with respect to the ZKC Patents, that are the subject of such actual or threatened infringement shall have the first right but not the obligation to bring an infringement action against any alleged infringer at its sole cost and expense.
Subject to Section 6.5 of this Agreement, Royalties shall be earned and paid to Corixa until the earlier to occur of (i) the date the last Valid Claim under the patents with regard to the Corixa Patents and the Joint Patents in connection with use in the Licensed Field in the Territory expires and (ii) the date of expiration or earlier termination of this Agreement.
License terms and conditions with respect to licensing-in such Corixa Patents and/or Know-How shall be negotiated in good faith between the parties taking into account the value of such Corixa Patents and/or Know-How and their contribution to the successful development of Product in the BC Field, but shall in no event have the effect of rendering the terms of this Agreement less favourable to Corixa than those currently agreed upon.
Any costs incurred by Corixa in connection with the filing, prosecution and maintenance of Corixa Patents and/or Joint Research Program Patents in excess of said [***] shall be reimbursed by SB to Corixa only if they have been specifically approved and authorized by the Joint Research Team, in its reasonable discretion, and if they are reasonable and documented.
More Definitions of Corixa Patents
Corixa Patents means, collectively, (a) all patent applications and patents identified on Exhibit A, (b) all patent applications and patents within the rights and licenses granted to Corixa pursuant to the Corixa Third Party Licensor Agreements during the term of this Agreement, and (c) all patent applications and patents that claim inventions or discoveries that are made, conceived, developed or reduced to practice solely by Corixa or jointly by Corixa and any Third Party prior to [***] to the extent in the case of such joint inventions and discoveries that Corixa has the right to grant rights and licenses thereunder on the terms and conditions hereof; to the extent that the patent applications and patents set forth in (a), (b) and (c) [***]. Included within the definition of Corixa Patents are any and all continuations, continuations-in-part (solely to the extent such continuation(s) in part contain(s) subject matter referred to in (i), (ii), (iii), (iv) or (v)), divisions, patents of addition, reissues, renewals and extensions, and any and all foreign counterparts, of any patent application or patent referred to in this Section 1.8. Corixa Patents shall not include any patent application or patent that is a patent application or patent within either the Medicis Patents or the Joint Patents.
Corixa Patents means all patents and patent applications that are identified on Exhibit B-1 and/or Exhibit B-2.
Corixa Patents means (a) all [***]*. Corixa Patents shall specifically not include either JT Patents or Joint Research Program Patents.
Corixa Patents means: (a) all patents and patent applications that are identified on Exhibit A-3 attached hereto; and (b) all patents and patent applications anywhere in, covering or otherwise applicable to activities occurring in Territory A or Territory B owned or in-licensed by Corixa (solely or jointly with a Third Party) as to which and to the extent that Corixa has the right to license or sublicense to Kirin hereunder without payment of royalties or other fees on account of such license or sublicense other than those fees or royalties required under any Third Party Agreement, or allocated by the parties in accordance with Section 4.2(a), or as otherwise agreed, (i) that claim inventions or discoveries that are made, conceived, developed, or reduced to practice solely by Corixa's employees, agents and/or licensor(s) or ---------- * Confidential Treatment Requested. jointly by Corixa's employees, agents and/or licensor(s) with any Third Party, and (ii) that either (A) generically or specifically claim all or any part of any [*] technology (including any [*] technology), any process required or useful for manufacturing any such [*] technology, any intermediates used in any such process, or any use of any such [*] technology, in all such cases that is developed, owned or in-licensed by Corixa as of the Effective Date, or any improvements, enhancements or modifications to the foregoing developed, owned or in-licensed by Corixa as of the Effective Date or during the Term or (B) are necessary in connection with the manufacture, use or sale of any such [*] technology or other technology described in foregoing subsection (A). Included within this definition of Corixa [*] Patents are any patents issuing anywhere in the world from any of the foregoing patent applications, and any continuations, continuations-in-part (solely to the extent such continuation(s)-in-part contains subject matter on which claims issuing obtain the benefit of a priority date of any other patent application included herein), divisions, patents of addition, reissues, renewals, registrations, confirmations, reexamination certificates, revalidations, substitutions, extensions and/or foreign counter-parts, anywhere in the world, of any of the foregoing patents or patent applications. Corixa [*] Patents shall specifically not include Corixa WT-1 Patents, Corixa Adjuvant Patents, Kirin Patents, or Joint Patents.
Corixa Patents means [***]*. Corixa Patents shall specifically not include either Zambon Patents or Joint Research Program Patents.
Corixa Patents means (a) all patents and patent applications that are identified on Exhibit A attached hereto and (b) all patents and patent applications that cover inventions or discoveries that are made by Corixa [*]), provided that any such [*] inventions or discoveries shall only be included in Corixa Patents to the extent that Corixa has the right to grant licenses thereunder on the terms and conditions of this Agreement, now or in the future in connection with and as a result of [*] and that [*]. Included within the definition of Corixa Patents are any [*]. Also included within the definition of Corixa Patents are all patents and patent applications which [*] which are developed by Corixa [*]), provided that any such [*] inventions or discoveries shall only be included in Corixa Patents to the extent that Corixa has [*], in connection with and as a result of the [*]. Corixa Patents shall specifically not include either ZKC Patents or Joint Patents.
Corixa Patents means Existing Corixa Patents and New Corixa Patents.