Dyax Patent Rights definition

Dyax Patent Rights. Dyax Patent Rights shall mean Patent Rights, including Dyax’s rights in Joint Patent Rights, that (a) Cover Dyax Know-How and (b) are Controlled by Dyax on the Effective Date or come within Dyax’s Control during the Term, including without limitation, the Existing Dyax Patent Rights and the Fovea-Assigned Patent Rights.

Dyax Patent Rights means the patent applications and patents listed on Schedule 1.9 hereto and, solely to the extent any Valid Claim would cover or be included in the license grants provided for herein, all divisions, continuations, continuations-in-part, applications claiming priority thereto, and substitutions thereof; all foreign patent applications corresponding to the preceding applications; all U.S. and foreign patents issuing on any of the preceding applications, including extensions, reissues and re-examinations; and any other patent rights owned or licensed by DYAX, whether now existing or obtained in the future, which DYAX has the right to license or sublicense and which would be infringed by the activities of XOMA contemplated hereunder but for this Agreement. DYAX Patent Rights shall also include (i) any improvements of the foregoing that are owned or controlled by DYAX and (ii) any patents or patent applications, whether now existing or obtained in the future, owned or controlled by DYAX containing a claim that is dominating over the foregoing patent rights (i.e., is necessarily infringed by the practicing of a claim in one of the foregoing applications).

Dyax Patent Rights means all Patent Rights owned or controlled by, or licensed (to the extent licensed and if there is the right to sublicense) to, Dyax, to the extent that such Patent Rights claim Collaboration Products or are necessary for the research, development, manufacture or commercialization of Collaboration Products in the Field. The Dyax Patent Rights in existence on the Effective Date are set forth on SCHEDULE 1.10. This schedule will be updated by Dyax on the LLC Formation Date to include all Dyax Patent Rights owned or controlled by Dyax as of such date.

Examples of Dyax Patent Rights in a sentence

• Merrimack acknowledges and agrees that the amount of milestones and royalties due under this Article 4 and the duration of the royalty payments (set forth in Section 4.8) have been chosen for the convenience of the Parties as payment for Dyax’s services and use of the Dyax Libraries, Dyax Patent Rights, Dyax Research Know-How and Dyax Research Materials to discover Antibodies to Merrrimack Targets, and not as patent royalties.

• Except as otherwise expressly provided herein, Dyax will grant to Kallikrein LLC on the LLC Formation Date a worldwide, exclusive, royalty-free right and sublicense during the term of this Agreement, with the right to grant further sublicenses, under Dyax Patent Rights, Dyax Technology, the Joint Patent Rights and the Joint Technology and any Manufacturing Know-How owned or held by Dyax to develop, make, have made, use, offer for sale, sell, have sold, import and export Collaboration Products in the Field.

• Xxxxxx Title: President & CEO [**] [**] [**] [**] [**] [**] Diagnostic Patent Rights also include the Licensed Patent Rights (as defined in the PHS Agreement), the [**] Patent Rights and the Dyax Patent Rights (each as defined in the Dyax Collaboration Agreement), in each case to the extent licensed to Merrimack under the applicable Existing Third Party Licenses.

• All rights to the Licensed Patents, the Licensed Dyax Material and the Know-How not expressly granted under this Agreement, as well as to any other Dyax proprietary phage display library and to Dyax Patent Rights other than the Licensed Patents, are reserved to Dyax, including the right to grant the same rights to any Third Party as Dyax has granted to Amgen hereunder.

• Fovea shall bear its own costs and expenses incurred in preparing, filing, prosecuting, defending and/or maintaining those Dyax Patent Rights and Fovea Patent Rights (but not Joint Patent Rights) that Fovea actually prepares, files, prosecutes, defends and/or maintains after implementing and giving full effect to the provisions of Section 8.3(a) above.

More Definitions of Dyax Patent Rights

Dyax Patent Rights means the patents and patent applications set forth in Appendix E [**] of the [**] and [**], together with any reissues, re-examinations, renewals, and extensions thereof, and all continuations, continuations-in-part and divisionals of the applications throughout the world.

Dyax Patent Rights means all Valid Claims of the patents and patent applications listed in Schedule 5, as well as any and all, reissues, reexaminations, renewals and extensions thereof, and any and all continuations, continuations-in-part and divisionals of the applications for such patents in the United States and all counterparts thereto in countries outside the United States but shall not include (i) Valid Claims in US Patent No. 5,233,409 to the extent they cover single chain antibodies, nor (ii) Valid Claims of any continuation, continuation-in-part or divisional applications of the US Patents or any counterparts of the US Patents in countries outside of the United States, that cover particular protein or peptide sequences, or nucleic acids thereof, that bind to a specific biological or molecular target. Dyax Patent Rights include the Dyax Base Phage Display Patent Rights (the patents and patent applications listed in Schedule 5A) and the Dyax Library-Related Patent Rights (the patents and patent applications listed in Schedule 5B).

Dyax Patent Rights means the Patent Rights (as defined in the Original Agreements) under the Original Agreements.

Dyax Patent Rights means a sublicense under the rights Controlled by iCo under the Dyax Agreements granted in accordance with Sections 1 and 2 of Schedule 5, subject to the obligations on the sublicensee set out in Section 3 of Schedule 5.

Dyax Patent Rights means any and all claims of United States Patent Nos. 5,223,409, 5,403,484, 5,571,698, and 5,837,500 (collectively, the "U.S. Patents"), reissues, reexaminations, renewals and extensions thereof, and all continuations, continuations-in-part and divisionals of the applications for such U.S. patents and all counterparts thereto in countries outside the United States, which patents and patent applications as of the Effective Date are listed in Exhibit A. Patent Rights shall exclude (i) Claim 66 in U.S. Patent No. 5,223,409 to the extent that it covers DNA molecules encoding single chain antibodies or (ii) any claim to specific protein or peptide sequences, or nucleic acids encoding the same, that bind to a specific biological or molecular target.

Dyax Patent Rights means all Valid Claims (defined below) of United States Patent Nos. 5,223,409, 5,403,484 and 5,571,698 (collectively, the “US Patents”), reissues, reexaminations, renewals and extensions thereof, and all continuations, continuations-in-part and divisionals of the applications for such patents in the United States and all counterparts thereto in countries outside the United States, all of which patents and patent applications as of 31 December 1997 are listed in Schedule 5. Dyax Patent Rights shall not include (i) Valid Claims in US Patent No. 5,233,409 to the extent they cover single chain antibodies, nor (ii) Valid Claims of any continuation, continuation-in-part or divisional applications of the US Patents or any counterparts of the US Patents in countries outside of the United States, that cover particular protein or peptide sequences, or nucleic acids thereof, that bind to a specific biological or molecular target.

Dyax Patent Rights means the patents and patent applications listed in Attachment A-2 and any patents issuing from such applications, together with any reissues, reexaminations, renewals and extensions thereof, and all continuations, continuations-in-part and divisionals of the applications throughout the world. "Dyax Patent Rights" shall also include any patents or patent applications, whether now existing or obtained in the future, owned or controlled by Dyax containing a claim that would be infringed by the practice of the patent rights set forth in Attachment A-2 pursuant to the rights granted under this Agreement. As of the Effective Date, Attachment A-2 consists of all patent and patent applications that Dyax owns or controls and licenses on a standardized non-exclusive basis with the Dyax Antibody Library.