Dominating Patent definition

Dominating Patent means an unexpired patent which has not been invalidated by a court or other governmental agency of competent jurisdiction which is owned by a Third Party and which INDEVUS or its sublicensees reasonably believe they have no alternative to obtaining a royalty-bearing license under such patent in order to commercialize a Product under this Agreement without infringing such patent.

Dominating Patent means an unexpired patent that has not been invalidated by a court or governmental agency which is owned by a Third Party, which covers the Product sold by Acorda or its Designees, under circumstances such that Acorda, including on behalf of its Designees, has no commercially reasonable alternative to obtaining a royalty-bearing licence under such patent in order to practise or exploit the Elan Intellectual Property to develop and/or commercialise the Product.

Dominating Patent means an unexpired patent which is owned or Controlled by a Third Party and as to which both Parties mutually agree in good faith and in writing would be infringed by activities associated with the commercialization of Product.

Examples of Dominating Patent in a sentence

• The term "Dominating Patent" as used herein ----------------- shall mean an unexpired patent which is owned by a third party covering Licensed Products made and sold by Assignee or its sublicensees under circumstances such that Assignee or its sublicensee has no commercially reasonable alternative but to obtain a license under such patent in order to make, use or commercialize a Licensed Product.

• In addition, in the event that Dainippon develops any Improvements which Dainippon considers would be the Dominating Patent Rights and from which a patent is issuable, Dainippon shall grant Sunesis a semi-exclusive license with respect to the Improvements of the Compounds developed by Dainippon as described in Section 1.17.

• In the event Sunesis proposes to acquire from a third party patent rights that Sunesis believes are Dominating Patent Rights, Sunesis shall advise Dainippon thereof, and the parties shall discuss the situation.

• While The JointCommission standards are not identical to the standard of care in Texas cases, they are instructive and may be used as bases of expert opinion of the standards – along with the hospital’s own policies and bylaws.

• If Esprit procures such a license, then Indevus shall promptly reimburse Esprit for the cost, if any, of procuring such Dominating Patent.

More Definitions of Dominating Patent

Dominating Patent means an unexpired patent that has not been invalidated by a court or governmental agency which is owned by a third party neither controlled, controlling, nor under common control with Inflazyme and which covers essential features of a Licensed Product made and/or sold by SuperGen or its sublicensees under circumstances such that SuperGen elects to obtain a royalty-bearing license under such patent in order to commercialize a Licensed Product.

Dominating Patent means an unexpired patent which is owned by a third party covering Licensed Products made or sold by BSC or its sublicensee under circumstances such that, in BSC's reasonable opinion, it would be most commercially reasonable for BSC to obtain a license under such patent in order to make, use or commercialize a Licensed Product under this Agreement.

Dominating Patent means an unexpired United States patent that (i) is owned by a Third Party, (ii) has not been invalidated by a court or other governmental agency of competent jurisdiction and (iii) (A) the CEOs of the Confidential treatment has been requested for portions of this document. This copy of the document filed as an Exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [...***...]. A complete version of this document has been provided separately to the Securities and Exchange Commission. Parties reasonably determine is required to be licensed in order for Esprit to make, use, import, offer for sale or sell Products in the Field in the Territory without infringing such patent or (B) has been determined by a court of competent jurisdiction to be infringed by the manufacture, use, sale, offer for sale or importation of Trospium Once-Daily in the Territory.

Dominating Patent means a patent which has a claim broad enough to encompass the subject matter of an invention claimed in a subsequent patent, such that (a) the patentee of the Dominating Patent is able to prevent the patentee of the subsequent patent from practicing his/her/its “improvement” invention and (b) the patentee of the subsequent patent is able to prevent the patentee of the Dominating Patent from practicing the “improved” invention only, but not the original invention.

Dominating Patent means an unexpired patent that has not been invalidated by a court or a governmental agency which is owned by a third party neither controlled, controlling nor under common control with BI nor its Affiliates or sublicensees covering essential features of BI Products made and sold by BI under circumstances such that BI has no commercially reasonable alternative to obtaining a royalty-bearing license under such patent in order to commercialize BI Products under this Agreement.

Dominating Patent means an unexpired United States patent that (i) is owned by a Third Party, (ii) has not been invalidated by a court or other governmental agency of competent jurisdiction and (iii) (A) the CEOs of the Parties reasonably determine is required to be licensed in order for Esprit to make, use, import, offer for sale or sell Products in the Field in the Territory without infringing such patent or (B) has been determined by a court of competent jurisdiction to be infringed by the manufacture, use, sale, offer for sale or importation of Trospium Once-Daily in the Territory.

Dominating Patent an unexpired patent of a Third Party which has not been invalidated by a court or other governmental agency of competent jurisdiction and which would be infringed by making, using or selling the Licensed Products; [*] [*]