Drug Moiety definition
Examples of Drug Moiety in a sentence
Each Party shall promptly notify, in writing, the other Party upon learning of any actual or suspected infringement of the Licensed Intellectual Property, Antibody Development IP, Drug Moiety Development IP, ADC Development IP, or Joint Development IP (“Infringement”), or of any claim of invalidity, unenforceability, or non-infringement of the Licensed Intellectual Property, Antibody Development IP, Drug Moiety Development IP, ADC Development IP, or Joint Development IP.
Ownership of any invention (including any intellectual property rights with respect to such invention) that is not Antibody Development IP, Drug Moiety Development IP, ADC Development IP, Joint Development IP, or Licensed Intellectual Property and that is conceived and/or reduced to practice under the Work Plan (collectively, the “Other Inventions”) shall be determined under the principles of [**].
The enforcing Party shall bear all costs and expenses, including but not limited to litigation expenses, related to enforcement actions with respect to the Drug Moiety Development IP, ADC Development IP, or the Joint Development IP.
Kolltan shall not make publications or presentations with respect to a Drug Moiety, PBD, or Linker separate and apart from a discussion of a Licensed Product unless the substance of such publication or presentation is in the public domain through no breach of this Agreement by Kolltan; provided that any such publication or presentation shall be subject to review by Spirogen pursuant to the process set forth in Sections 6.2(a) and (b).
Spirogen reserves all rights not specifically granted under this Article 2, including but not limited to Spirogen’s rights to any PBD and/or Linker that is not part of a Drug Moiety.
Accordingly, Kolltan understands and agrees that the license granted in this Agreement is restricted to Licensed Products that Specifically Bind the Target (or Replacement Target if selected) licensed hereunder and that no license is given or implied under the Licensed Intellectual Property with respect to any PBD or Drug Moiety alone or conjugated to an Antibody that does not Specifically Bind the Target or Replacement Target as the case may be.
The Parties acknowledge and agree that the definitions ADC Development IP, Antibody Development IP, Drug Moiety Development IP, Joint Development IP, and Other Inventions are separate, non-overlapping definitions, and no invention is intended to be included in more than one definition.
Any Drug Moiety Development IP shall be solely owned by [**], regardless of inventorship, as between the Parties.
If [**] does not so elect, [**] shall so notify [**] in writing, and [**] shall have the right to commence a suit or take action to enforce the applicable Drug Moiety Development IP or Joint Development IP with respect to such Infringement in the Territory by its own counsel, and [**] agrees to be joined as a party, if necessary, at the expense of [**] and to provide reasonable assistance to [**], at the expense of [**].