Emisphere Patents definition

Emisphere Patents means, to the extent Controlled by Emisphere as of the Effective Date or during the term of this Agreement, all Patent Rights that claim the manufacture, use, Development, sale, offer for sale or import of Product, including, without limitation, Inventions owned solely by Emisphere or jointly by Emisphere and a Third Party.
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Emisphere Patents means, to the extent Controlled by Emisphere or its Affiliates as of the Effective Date or at any time during the Term, all Patents that claim inventions necessary or useful for Genta to perform its obligations under the Formulation-Development Program or to manufacture, use, sale, offer for sale or import of Products, but excluding in each case the Joint Patents. For clarity, Emisphere Patents includes all Patents that claim Emisphere Inventions.
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Emisphere Patents means all and any patents, utility models and any applications therefor in the Territory (other than the Emisphere Program Patents or Joint Patents) that are or subsequently may be owned or Acquired by, or assigned or licensed to, Emisphere (including any and all divisions, continuations, continuations-in-part, extensions, additions, registrations, confirmations, reexaminations, Supplementary Protection Certificates, renewals or reissues thereto or thereof) and that would be infringed by the development, manufacture, use, disposal, sale, offer of disposal or sale, or importation of the Product(s) in the Territory and/or relate to the Field; the Emisphere Patents as of the date hereof are listed on Schedule I hereto;
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Examples of Emisphere Patents in a sentence

  • Emisphere is beneficially entitled to the use of various patents, including the Emisphere Patents which have been granted or are pending under various international conventions in relation to the Emisphere Technology.

  • Such disclosed Improvements shall automatically on disclosure to Lilly become part of the Emisphere Know-How or Emisphere Patents, as the case may be, and shall be subject to the provisions of this Agreement.

  • Notwithstanding the provisions of Section 6.3, with respect to Net Sales of a Product in a country in which no Valid Claim within the Emisphere Patents or Joint Patents claims the manufacture, use, sale, offer for sale or import of such Product, the royalty rate applicable to Net Sales of such Product in such country shall be equal to *** of the highest rate applicable to worldwide Net Sales of such Product during the applicable royalty period as determined in accordance with Section 6.3.

  • Emisphere shall have the right (but not the obligation) to prepare, file, prosecute and maintain all Emisphere Patents at Emisphere’s sole expense.

  • Section 2.1 of the PTH License Agreement provided that Emisphere granted Lilly during the term of the agreement: an exclusive license to use (a) the Emisphere Patents, the Emisphere Program Patents and Emisphere’s share of the Joint Patents for the Field, and (b) the Emisphere Know-How, the Emisphere Program Know-How and Emisphere’s share of the Joint Know-How for the Field.

  • Should Emisphere decide for commercial or other reasons to abandon in any country any patent or patent application pertaining to the Emisphere Patents or the Emisphere Program Patents, it shall first obtain Lilly's written consent, which consent shall not be unreasonably withheld.

  • Emisphere shall be responsible for the preparation, filing, prosecution and maintenance of all Emisphere Patents at Emisphere’s sole expense.

  • SEC File No. 1-10615 to Lilly become part of the Emisphere Know-How or Emisphere Patents, as the case may be, and shall be subject to the provisions of this Agreement.

  • Emisphere is beneficially entitled to the use of various patents and other intellectual property, including the Emisphere Patents which have been granted or are pending under various international conventions in relation to the Emisphere Technology.

  • Royalty payments under this Article shall be payable on a Product-by-Product and country-by-country basis until the later of: *** after the date of Launch of such Product in such country, and (b) the expiration of the last to expire of the Emisphere Patents claiming the manufacture, use, sale, offer for sale or import of such Product in such country.


More Definitions of Emisphere Patents

Emisphere Patents means all and any patents, utility models and any applications therefor in the Territory (other than the Emisphere Program Patents or Joint Patents) that are or subsequently may be owned or Acquired by, or assigned or licensed to, Emisphere (including any and all divisions, continuations, continuations-in- part, extensions, additions, registrations, confirmations, reexaminations, Supplementary Protection Certificates, renewals or reissues thereto or thereof) and that would be infringed by the development, manufacture, use, disposal, sale, offer of disposal or sale, or importation of the Product(s) in the Territory and/or relate to the Field; the Emisphere Patents as of the date hereof are listed on Schedule I hereto;
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Emisphere Patents means all and any existing patents, utility models
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Emisphere Patents means all and any existing patents, utility models and any applications therefor in the Territory (other than the Emisphere Program Patents or Joint Patents) that are or subsequently may be owned or Acquired by, or assigned or licensed to, Emisphere (including any and all divisions, continuations, continuations-in-part, extensions, additions, registrations, confirmations, reexaminations, Supplementary Protection Certificates, renewals or reissues thereto or thereof) as of the Effective Date and that would be infringed by the development, manufacture, use, disposal, sale, offer of disposal or sale, or importation of the Product(s) in the Territory and/or relate to the Field; the Emisphere Patents as of the effective date are included in the Schedule I hereto;
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Related to Emisphere Patents

  • 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.

  • Patent Rights means all patents and patent applications (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • 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).

  • 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.

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

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).

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

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • 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.

  • 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.

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

  • Company Patents shall have the meaning set forth in Section 3.19(b) .

  • Joint Patents means all Patents claiming any Joint Invention.

  • 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.

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

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Licensed IP means the Licensed Patent Rights and the Licensed Know-How.

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

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

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

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

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

  • Assigned Patents means only those

  • Valid Claims means Settlement Claims in an amount approved by the Claims Administrator or found to be valid through the claims processing and/or Dispute Resolution process.

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