Gilead Patent definition

Gilead Patent means: (a) any Patent Controlled by Gilead or a Gilead Affiliate that is necessary for, or that has otherwise actually been used during the Original Agreement Term or the Term in the research, Development, manufacture, use, sale, offer for sale, or importation of a Compound or a Product, including without limitation Gilead’s interest in Joint Patents; and (b) any Sublicensee Patent.
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Gilead Patent means any Patent that (i) claims [ * ] and (ii) is [ * ] including Gilead's interest in any Joint Patents.
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Gilead Patent means: (a) any Patent Controlled by Gilead or a Gilead Affiliate that is necessary for, or that has otherwise actually been used during the Term in, the research, Development, manufacture, use, sale, offer for sale, or importation of a Compound or a
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Examples of Gilead Patent in a sentence

  • Gilead shall have the first right, but not the obligation, to bring, at its own expense, an appropriate action against the person or entity Infringing a Gilead Patent.

  • If, however, one or more Gilead Patent Rights, Roche Patent Rights or Joint Patent Rights Cover the manufacture, use or sale of such Product, but there is no Valid Claim Covering the composition of matter of the influenza neuraminidase inhibitor which is an active ingredient in the Product, then the following Royalty rates shall apply.

  • The Royalty rates set forth in paragraph (a) above are based on the assumption that one or more Valid Claims of the Gilead Patent Rights, Roche Patent Rights or Joint Patent Rights, if any, applicable to the Product in question will Cover the composition of matter of the neuraminidase inhibitor which is an active ingredient in the Product.

  • In the absence of agreement, the rules applicable to Gilead Patent Rights shall apply to the Joint Patent Rights in question.

  • Each Party shall inform the other Party of any certification regarding any JT Patent or Gilead Patent that it has received pursuant to either 21 U.S.C. §§ 355(b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) or its successor provisions, or Canada’s Patented Medicines (Notice of Compliance) Regulations Article 5, or any similar provisions in a country other than the United States and Canada, and shall provide the other Party with a copy of such certification within [*] days of receipt by such Party.

  • Each party shall promptly notify the other in writing of any alleged or threatened infringement of the Gilead Patent Rights, Joint Patent Rights or Roche Patent Rights of which it becomes aware.

  • If Gilead does not inform Galapagos that it intends to bring such suit or other action to ▇▇▇▇▇ such Program Infringement within […***…] days after notification of such Program Infringement pursuant to Section 10.4(a), then, unless, with respect to Gilead Territory only, Gilead has a bona fide strategic reason for not enforcing such Gilead Patent, Galapagos shall have the second right and authority, but not the obligation, to bring such suit or other action.

  • For the avoidance of doubt, the Parties acknowledge and agree that infringement of a Gilead Patent or a BMS Patent, as the case may be, other than by an Infringing Combination Product, is outside the scope of this Agreement and shall not create any rights or impose any obligations on the Parties hereunder, including any right or obligation to take actions to respond to such infringement.

  • Subject to the terms of this Agreement, Gilead hereby grants to Roche and its Affiliates a sole and exclusive, worldwide license under the Gilead Patent Rights, Gilead's interest in the Joint Patent Rights, and the Gilead Know-How only for the manufacture, importation, use, sale and offer for sale of Products for any and all uses.

  • Gilead shall have the right, but not the obligation, to bring, at Gilead's expense and in its sole control, an appropriate action against any person or entity infringing a Gilead Patent Right directly or contributorily.