Examples of Genzyme Patent Rights in a sentence
Subject to the terms and conditions of this Agreement, Voyager shall pay to Genzyme a royalty of [***] percent ([***]%) of the Net Sales of PD Licensed Products in the Voyager Territory until the latest of (a) the expiration of the last Valid Claim of the Genzyme Patent Rights Covering the Manufacture, use, offer for sale, sale or importation of such PD Licensed Product in CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”.
Notwithstanding the foregoing, Genzyme Patent Rights do not include any Patent Rights Controlled by Genzyme under the Avigen Agreement except to the extent such Patent Rights are Genzyme PD Patent Rights and the DAC has elected to utilize the Genzyme PD Technology in accordance with Section 4.5 (Use of Genzyme PD Technology).
Except as agreed in writing by Genzyme and BioMarin, the Controlling Party shall not enter into any settlement relating to a Collaboration Product, if such settlement admits the invalidity or unenforceability of any Patent Rights within the BioMarin Patent Rights or the Genzyme Patent Rights, as applicable, of the other Party.
Subject to the provisions of any In-License, Genzyme shall have the sole and exclusive right to initiate an infringement or other appropriate suit (an “Infringement Action”) anywhere in the world against any Third Party as to any infringement, or suspected infringement of, any Patent Rights, or as to any use or suspected use without proper authorization of any Know-How, comprising Genzyme Patent Rights, Genzyme Know-How, Genzyme Collaboration IP or Genzyme Manufacturing IP.
The Party subject to such Action (for purposes of this Section 9.6, the “Controlling Party”) shall have the exclusive right to defend and control the defense of any such Action using counsel of its own choice; provided, however, that if such Action is directed to the subject of the Patent Rights of the other Party (i.e., the BioMarin Patent Rights or the Genzyme Patent Rights), such other Party may participate in the defense and/or settlement thereof at its own expense with counsel of its choice.
Each of BioMarin and ----------------------------------- Genzyme shall be responsible for the filing, prosecution and maintenance of all Patent Rights within the BioMarin Patent Rights and Genzyme Patent Rights, respectively.
Except as otherwise expressly provided herein, Genzyme hereby grants to RenaGel LLC the exclusive, irrevocable (during the term of this Agreement), royalty-free right and license, with the right to grant sublicenses, under the Genzyme Patent Rights, the Genzyme Technology and the Manufacturing Know-How owned or controlled by Genzyme, to develop, make, have made, use, offer for sale, sell, have sold, import and export Collaboration Products for use in the Territory in the Field.
Diacrin and Genzyme shall each promptly notify the other in writing of any alleged or threatened infringement of any patents or patent applications comprising the Diacrin or Genzyme Patent Rights or if either Party, or any of their respective Affiliates, shall be individually named as a defendant in a legal proceeding by a Third Party for infringement of a patent because of the manufacture, use or sale of a Collaboration Product.
Except as otherwise expressly provided herein, Genzyme hereby grants to Aptein a non-exclusive, irrevocable (except as provided in Section 13.3 below), royalty-free right and license in the Field and in the Territory under Genzyme’s interest in the Genzyme Patent Rights, the Genzyme Program Patent Rights, the Genzyme Technology, and the Manufacturing Know-How owned or controlled by Genzyme solely to the extent necessary to permit Aptein to perform its duties under this Agreement.
The foregoing provisions of this Article 9 shall ------------------ be subject to and limited by any agreements pursuant to which BioMarin and Genzyme, as the case may be, acquired any particular BioMarin Patent Rights, BioMarin Technology or Genzyme Patent Rights or Genzyme Technology.