Excluded Patent Rights means United States Patent Application number 10/923.373: all divisionals, continuations of the foregoing: and those claims in continuations-in-part of the foregoing that are described in sufficient detail in United States Patent Application number 10/923.373 to meet the requirements of 35 U.S.C. 112¶1: and any re-examinations or reissues of the foregoing.
Excluded Patent Rights means (a) the patents and patent applications listed on Schedule 1.1(g), (b) all divisions, continuations, continuations-in-part, that claim priority to, or common priority with, the patent applications described in clause (a) or the patent applications that resulted in the patents described in clause (a), and (c) all patents that have issued or in the future issue from any of the foregoing patent applications, including utility, model and design patents and certificates of invention, together with any reissues, renewals, extensions or additions thereto.
Excluded Patent Rights means those Patent Rights listed in Appendix 1.28.
Examples of Excluded Patent Rights in a sentence
In the event that a Third Party or Sublicensee asserts, as a defense or as a counterclaim in any infringement action under Section 10.2.1 or otherwise, that any Targacept Patent Rights (other than Targacept Excluded Patent Rights) or Joint Patent Rights are invalid or unenforceable, then the Party pursuing such infringement action shall promptly give written notice to the other Party.
None of the Excluded Patent Rights is primarily related to the Process Technology used in the Wafer Fabrication Operations.
Further, if a Third Party or Sublicensee asserts, in a declaratory judgment action or similar action or claim filed by such Third Party or Sublicensee, that any Targacept Patent Rights (other than Targacept Excluded Patent Rights) or Joint Patent Rights are invalid or unenforceable, then the Party first becoming aware of such action or claim shall promptly give written notice to the other Party.
Roche hereby confirms that the Roche Excluded Patent Rights do not claim inventions that are necessary for Prothena’s performance of its obligations under any Co-Detailing Agreement.
Roche acknowledges that Prothena is not obligated to conduct activities that would require a license under any of the Roche Excluded Patent Rights, and that if it is determined during the Term that such a license will be necessary or useful for Prothena’s conduct of activities pursuant to this Agreement, the Parties will discuss the terms of such license in good faith.
More Definitions of Excluded Patent Rights
Excluded Patent Rights means the patents and patent applications listed in Schedule 1.56, or any Patent Rights arising from those patents or patent applications.
Excluded Patent Rights means all right, title and interest in and to (i) the Excluded Patents and the inventions and discoveries claimed therein, (ii) all claims, causes of action and enforcement rights of any kind, and all rights to sue for past, present or future infringement of any of the Excluded Patents and to collect and retain any and all damages, costs, profits, injunctive relief and other remedies for any such past, present or future infringement of the Excluded Patents, (iii) the right to make, use, sell, offer for sale, import and otherwise fully exploit all inventions and discoveries claimed in any of the Excluded Patents, (iv) all rights to apply for, file, register, maintain, prosecute, extend, renew, enforce, license and otherwise exploit in any or all countries of the world patents, patent applications, certificates of invention, utility models, industrial design protection, design patent protection and other governmental grants or issuances of any kind related to any and all of the Excluded Patents and any and all of the inventions, invention disclosures, designs and discoveries described or disclosed therein, (v) all rights to collect royalties, license fees or other amounts to the extent exclusively relating to the Excluded Patents and (vi) all rights to collect royalties, license fees or other amounts arising from or payable pursuant to Encumbrances existing prior to or as of the Closing, including the Existing Encumbrances.
Excluded Patent Rights means any Patent Right to the extent Controlled by any Acquiring Party, which Patent Right is (a) Controlled by such Acquiring Party immediately prior to the effective date of the applicable Change of Control or (b) Controlled by such Acquiring Party on or after the effective date of such Change of Control but in each case ((a) and (b)), is not Controlled by Fulcrum or an Affiliate of Fulcrum (excluding for purposes of this provision, such Acquiring Party and Affiliates of Fulcrum that are Affiliates by virtue of controlling, being controlled by or under common control with such Acquiring Party) and was invented, created or obtained without the direct or indirect use of any Fulcrum Technology.
Excluded Patent Rights means United States Patent Application number 10/923.373: all divisionals, continuations of the foregoing: and those claims in continuations-in-part of the foregoing that are described in sufficient detail in United States Patent Application number 10/923.373 to meet the requirements of 35 U.S.C. 112¶1: and any re-examinations or reissues of the foregoing.
Excluded Patent Rights means (a) the patents and/or patent applications owned by, or licensed to, Deltagen that claim, and to the extent such patents and/or patent applications claim, (i) methods of producing and/or breeding transgenic animals (including Knockout Mice), or methods of producing libraries, clones, plasmids, constructs and vectors (including[ * ]) used in such methods, and/or (ii) any products, formulations or compositions (or any uses of any of the foregoing) (other than any uses permitted hereunder for DeltaBase or any Knockout Mice Materials provided by Deltagen to Merck hereunder) invented, developed or acquired by Deltagen or any of its Affiliates, itself, themselves or through or in collaboration with any other Person to affect a phenotype caused by or associated with any Target Gene or [ * ] and/or any allelic variant, homolog or ortholog thereof or expression product or analog thereof; and (b) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in subsection (a) above.
Excluded Patent Rights means (a) the patents and/or patent applications owned by, *** Deltagen claiming (i) *** (ii) any product, formulation or composition, or the use of any product, formulation or composition, *** (iii) *** or (iv) *** (except that claims described by sub-clauses (a)(iii) and (a)(iv) above shall not be considered Excluded Patent Rights and shall be included within the definition of Deltagen Patent Rights, ***; and (b) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in (a) above.
Excluded Patent Rights means (a) the patents and/or patent applications owned by, *** to Deltagen claiming (i) *** (ii) any product, formulation or composition, or the use of any product, formulation or composition, *** (iii) *** or (iv) *** proteins, polypeptides or animo acid sequences including those Target Gene and Mutated Gene expression products or portions or fragments thereof (except that claims described by sub-clauses (a)(iii) and (a)(iv) above shall not be considered Excluded Patent Rights and shall be included within the definition of Deltagen Patent Rights, ***; and (b) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in (a) above.