Cubist Patent Rights definition

Cubist Patent Rights. Cubist Patent Rights means those Patent Rights that (a) claim (i) Cubist Know-How, or (ii) the Development, Manufacture or Commercialization of Licensed Product, and that are necessary or reasonably useful to Develop, Manufacture or Commercialize Licensed Product in the Field, and (b) are Controlled by Cubist or, subject to Section 13.8, any of its Affiliates, at any time during the Term. Cubist Patent Rights shall not include Patent Rights included in Cubist Collaboration IP or Cubist’s interest in Joint Collaboration IP.
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Cubist Patent Rights means Patent Rights that are either (i) assigned solely to Cubist, (ii) assigned jointly to Cubist and a party other than ArQule, or (iii) licensed to Cubist, in each case to the extent that Cubist has the ability to license or sublicense the rights required under this Agreement. "Joint Patent Rights" means Patent Rights assigned to both ArQule and Cubist as joint owners. Joint Patent Rights will include (i) Patent Rights claiming Joint Technology and (ii) Patent Rights claiming both ArQule Technology and Cubist Technology in a single filing.
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Cubist Patent Rights means any United States or foreign patent applications, provisional patent applications, patents, patent extensions, certificates of invention and applications for certificates of invention, together with any divisions, continuations or continuations-in-part, reissues, renewals, or additions thereof owned or controlled by Cubist as of the Effective Date or during the term or as a result of the Research Program.
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Examples of Cubist Patent Rights in a sentence

  • 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.

  • 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.

  • 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.

  • 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.

  • Subject to the provisions of Section 5.2 of the RCLA, 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.

  • Final decisions on whether to initiate a proceeding, and the course of action in such proceeding, including settlement negotiations and terms with respect to any Competitive Infringement will be made (i) with respect to Dyax Patent Rights and any Joint Patent Rights that Cover the Primary Product or its use or manufacture in the Field, by []*, (ii) with respect to any Cubist Patent Rights included in the Cubist Improvements, by []*, and (iii) with respect to all other Joint Patent Rights, []*.

  • If Cubist shall elect not to continue to prosecute or maintain any patent application or patent included in the Cubist Patent Rights, then Cubist shall give Novartis the timely opportunity to direct Cubist to continue to prosecute or maintain the patent application or patent in Cubist' name and at Novartis' 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.


More Definitions of Cubist Patent Rights

Cubist Patent Rights means Patent Rights which are owned by Cubist or any of its Affiliates or which Cubist or any of its Affiliates has the right to license or sublicense to persons or Entities. Cubist Technology means Technology which is owned by Cubist or any of its Affiliates or which Cubist Or any of its Affiliates has the right to license or sublicense to persons or Entities. Effective Date has the meaning set forth in the preamble to this Agreement. Entity means any corporation, association, partnership (general or limited), joint venture, trust, estate, limited liability company, limited liability partnership or other legal entity or organization. Exhibit A means Exhibit A to this Agreement, as said Exhibit A may be amended and in effect from time to time. Minimum Research Period means the period commencing on the Effective Date and ending on the later of [ ]* or [ ]* after the Acquisition Option Expiration Date. Net Sales means all gross amounts billed to any person or Entity (other than an Affiliate of such person or Entity) at the earliest of invoice, shipment or payment in respect of Products, less the sum of the following amounts: (a) sales and use taxes, tariffs, duties and the like imposed directly and with reference to particular sales or leases; plus (b) outbound shipping prepaid or actually allowed; plus _____________________ * Confidential Treatment requested: material has been omitted and filed separately with the Commission.
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Cubist Patent Rights. Cubist Patent Rights shall mean Patent Rights, including Cubist’s rights in Joint Patent Rights, that (a) Cover Cubist Know-How and (b) are Controlled by Cubist on the Effective Date or []*.
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Related to Cubist Patent Rights

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

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

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), 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.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • 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.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

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

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • 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 REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

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

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Existing Patents has the meaning set forth in Section 10.2.1.

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

  • 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.

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

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

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

  • Program Technology means Program Know-How and Program Patents.