ELAN PATENT RIGHTS has the meaning assigned thereto in the Elan License Agreement.
ELAN PATENT RIGHTS means any and all rights under any and all patents and patent applications now existing, currently pending or hereafter filed, owned or acquired or licensed by Elan (and/or its Affiliates) which would be infringed by the manufacture, use or sale of the Product, the current status of which as of the Amendment Date is set forth in Schedule 3. Elan Patent Rights shall also include all continuations, continuations-in-part, divisionals and re-issues of such patents and patent applications and any patents Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission. issuing thereon and extensions of any patents licensed hereunder. Elan Patent Rights shall further include any patents or patent applications covering any improved methods of making or using the Product invented or acquired by Elan (and/or its Affiliates) during the term of this Agreement and under which Elan (and/or its Affiliates) has a right to grant a licence hereunder, and Elan’s (and/or its Affiliates) interest in any intellectual property conceived reduced to practice or otherwise developed in connection with the Project.
ELAN PATENT RIGHTS means any Patent Rights Controlled by ELAN that contain one or more claims that cover ELAN Technology. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Examples of ELAN PATENT RIGHTS in a sentence
ELAN shall remain proprietor of all ELAN PATENT RIGHTS and ELAN KNOW-HOW and all other intellectual property relating thereto, as well as products derived therefrom, but shall grant to COMPANY for the term of the Agreement an exclusive licence pursuant to the ELAN PATENT RIGHTS and ELAN KNOW-HOW, to have manufactured, package, use and sell the PRODUCT as a prescription medicine in the TERRITORY under the terms and conditions set out herein.
ELAN represents and warrants that it has the sole, exclusive and unencumbered right to grant the licences and rights herein granted to COMPANY, and that it has not granted any option, licence, right or interest in or to the ELAN PATENT RIGHTS or ELAN KNOW-HOW to any third party which would conflict with the rights granted by this Agreement.
COMPANY and ELAN shall promptly inform the other in writing of any alleged infringement of which it shall become aware by a third party of any patents within the ELAN PATENT RIGHTS or COMPANY PATENT RIGHTS and provide such other with any available evidence of infringement.
Any such licence shall apply only in regard to the relevant PRODUCT as well as to the applications of technology derived from the ELAN PATENT RIGHTS related to its use with such PRODUCT.
ELAN shall make a good faith effort to secure the grant of all of the ELAN PATENT RIGHTS in the appropriate countries of the TERRITORY at its own expense and shall be the title holder thereof.
More Definitions of ELAN PATENT RIGHTS
ELAN PATENT RIGHTS means the patents and patent applications (including provisional applications) relating to the MEDIPAD(R) Drug Delivery System that are set forth in Schedule 1 of the Elan License Agreement, and that are owned or licensed by or on behalf of Elan. Elan Patent Rights shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of-addition, re-examinations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed under the Elan License Agreement.
ELAN PATENT RIGHTS means Patent Rights, other than ELAN Collaboration Patent Rights, that ELAN Controls as of the Effective Date or that come into the Control of ELAN during the term of this Agreement and which claim any Invention or ELAN Prior Invention. Those ELAN Patent Rights known to be existing as of the Effective Date are listed on Exhibit 1.41 attached hereto.
ELAN PATENT RIGHTS means any and all patents now existing, currently pending or hereafter filed or obtained relating to pharmaceutical formulation knowledge, expertise, information and data owned by Elan, and any foreign counterparts thereof and all divisionals, continuations, continuations-in-part, patents of continuation, any foreign counterparts thereof and all divisionals, continuations, continuations-in-part, patents of addition and substitutions of, and all patents issuing on, any of the foregoing, together with all registrations, reissues, re-examinations or extensions of any kind with respect to any of such patents.
ELAN PATENT RIGHTS means any Patent Rights Controlled by ELAN that contain one or more claims that cover ELAN Technology which would, but for this Agreement, be infringed by WARATAH Development Activities or Commercialization activities performed under this Agreement.
ELAN PATENT RIGHTS means all patents and patent applications listed in Schedule 2 as said schedule may be amended from time to time by mutual written agreement. Elan Patent Rights shall also include all continuations, continuations-in-part, divisionals, and any patents issuing thereon, and re-issues or re-examinations of such patents and extensions of any patents licensed hereunder. Extensions of patents shall include extensions under the U.S. Patent Term Restoration Act. In the event that Elan acquires or merges with a third party entity, Elan Patent Rights shall not include any patent rights to the extent that such patent rights relate to a product containing the same active ingredient as the Product which has been approved for marketing or is in development by the said third party entity at the time of such acquisition or merger. For the avoidance of doubt, the occurrence of any such acquisition or merger shall not affect the license of the Elan Patent Rights granted to Xxxxxx hereunder.
ELAN PATENT RIGHTS means the patents and patent applications (including provisional applications) relating to the MEDIPAD(R) Drug Delivery System that are set forth in Schedule 1 attached hereto, and that are owned or licensed by or on behalf of Elan. Elan Patent Rights shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of- addition, re-examinations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed hereunder.
ELAN PATENT RIGHTS means any and all rights under any and all patents and patent applications now existing, currently pending or hereafter filed, owned or acquired or licensed by Elan (and/or its Affiliates) which would be infringed by the manufacture, use or sale of the Product, the current status of which as of the Amendment Date is set forth in Schedule 3. Elan Patent Rights shall also include all continuations, continuations-in-part, divisionals and re-issues of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed hereunder. Elan Patent Rights shall further include any patents or patent applications covering any improved methods of making or using the Product invented or acquired by Elan (and/or its Affiliates) during the term of this Agreement and under which Elan (and/or its Affiliates) has a right to grant a licence hereunder, and Elan’s (and/or its Affiliates) interest in any intellectual property conceived reduced to practice or otherwise developed in connection with the Project.