Examples of Cubist Patent Rights in a sentence
Subject to the provisions of any Third Party agreement under which Cubist’s rights in Cubist Technology are granted, Cubist shall have the sole and exclusive right to initiate an infringement or other appropriate suit anywhere in the world against any Third Party who at any time has infringed, or is suspected of infringing, any Patent Rights, or of using without proper authorization any Know-How, comprising Cubist Patent Rights, Cubist Know-How, or Cubist Collaboration IP.
Novalon also agrees to cooperate with Cubist as reasonably necessary to permit Cubist to be able to prosecute or maintain any Cubist Patent Rights arising from the Collaboration in those countries selected by Cubist.
Subject to the provisions of Section 5.2 below, Novalon retains all rights to file and prosecute any and all patent applications included within the Novalon Patent Rights, and Cubist retains all rights to file and prosecute any and all patent applications included within the Cubist Patent Rights.
Cubist shall have sole responsibility for and control over the filing, prosecution, maintenance and enforcement of the Cubist Patent Rights claiming Cubist Inventions, at Cubist's expense.
The Party subject to such claim shall have the exclusive right to defend and control the defense of any such claim, suit or proceeding, at its own expense, using counsel of its own choice; provided, however, that Novartis shall not enter into any settlement which admits or concedes that any aspect of the Cubist Patent Rights is invalid or unenforceable without the prior written consent of Cubist.
The Cubist Patent Rights as to which Novartis is licensed under this Agreement as of the Effective Date shall be listed on Exhibit C hereto and at regular intervals, or upon request, Cubist shall provide Novartis with updated information on its patent portfolio as to which Novartis is licensed under this Agreement, and Exhibit C hereto shall be amended accordingly.
With respect to each Candidate Target, subject to the terms of this Agreement, Cubist hereby grants Novartis a worldwide exclusive right and license during the Exclusivity Period, with the right to sublicense, under the Cubist Patent Rights, Cubist Technology and Cubist's interest in Joint Patent Rights and Joint Technology covering such Candidate Target to use such Candidate Targets in Novartis' research program aimed at making, having made, using, selling and importing Novartis Products.
With respect to each Validated Assay, subject to the terms of this Agreement including without limitation Section 7.3.2, Cubist hereby grants Novartis a worldwide exclusive license, with the right to sublicense, under Cubist Patent Rights, Cubist Technology and Cubist's interest in Joint Patent Rights and Joint Technology covering such Validated Assay to use the Validated Assay in Novartis' research program aimed at making, having made, using, selling and importing Novartis Products.
Cubist shall notify Novartis of each filing for patent term restoration under the United States Drug Price Competition and Patent Term Restoration Act of 1984, any allegations of failure to show due diligence, and all awards of patent term restoration in the United States with respect to the Cubist Patent Rights as to which Novartis is licensed under this Agreement.
Cubist shall notify Novartis of the issuance of each patent included within the Cubist Patent Rights as to which Novartis is licensed under this Agreement, giving the date of issue, patent number and normal expiry date for each such patent.