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Infringed definition

Infringed and “Infringing” mean the correlative of Infringement.
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Infringed has the meaning set forth in Section 2.17(e).
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Infringed has the meaning set forth in Section 4.16(c).
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Examples of Infringed in a sentence

  • On the Effective Date and to Xxxxx’x knowledge (after conducting a reasonable investigation), there are no patents or patent applications of any third party that have published prior to the Effective Date or that are otherwise publicly available prior to the Effective Date and that would be Infringed by the use, practice or exploitation of all or any portion of Ipsen Compound Technology.

  • Each Party shall give prompt written notice to the other of any suspected or actual Infringement by a third party of all or any portion of the Ipsen Compound Technology, Ipsen Formulation Technology, Nuvios Patent Rights, Nuvios Know-How, Nuvios Inventions, Joint Inventions or Joint Patent Rights (the Infringed Rights) that comes to the attention of that Party during the Royalty Term with respect to any and all countries in the Territory.

  • The Applicable Licensee (i) shall make reasonably available to the Infringed Party upon reasonable advance notice prior to the Infringed Party’s acceptance of the AEBITDA Statement any additional financial statements and any work papers that were used by the Applicable Licensee in preparation of the AEBITDA Statement and (ii) shall respond promptly to the Infringed Party’s requests for additional information with respect to the Adjusted EBITDA calculation.

  • The Infringed Party and the Applicable Licensee shall use reasonable efforts to promptly resolve any objection.

  • The fees and expenses of such accountant shall be borne equally by the Applicable Licensee and the Infringed Party.


More Definitions of Infringed

Infringed or “INFRINGEMENT” shall mean that on a country per country basis, a THIRD PARTY other than CPG or its second CO-EXCLUSIVE licensee hereunder or non exclusive licensees in case of HIV has registered a PLA for a product covered by CPG PATENT claims or is commercially manufacturing, commercially using or importing such a product, provided, however, that if CPG can demonstrate that CPG is, within a six (6) month period following such PLA registration of the THIRD PARTY product, actively negotiating with such THIRD PARTY a license in order to avoid INFRINGEMENT of the PATENT in all countries where such INFRINGEMENT exists and successfully enters into such license agreement, no INFRINGEMENT shall be deemed to exist or have existed. Failing to do so, INFRINGEMENT is deemed to exist as from the end of such six (6) month period. Notwithstanding the foregoing, in case of sale of such THIRD PARTY product, INFRINGEMENT shall be deemed to exist.
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Infringed or an “Infringement”), and is not Infringing, any Intellectual Property Right of any Person. No claim of such Infringement is pending or, to the Knowledge of the Company, threatened in writing against the Company or any Company Subsidiary or any Person who may be entitled to be indemnified, defended, held harmless or reimbursed by the Company or any Company Subsidiary for such Infringement. No Company Intellectual Property Rights, Company Intellectual Property Embodiment, or Company Product is subject to any Proceeding or subject to any outstanding order (in each case involving the Company or any Company Subsidiary) that restricts in any manner the use, transfer, or licensing thereof by the Company or any Company Subsidiary of any Company Intellectual Property Embodiment, Company Intellectual Property Rights, or Company Product, or may affect the validity, use, or enforceability of the Company Intellectual Property Rights. Notwithstanding anything to the contrary, this Section 2.17(e) constitutes the sole representation and warranty of the Company with respect to any actual or alleged infringement, misappropriation or other violation of any Intellectual Property Right of any Person, and no other representation or warranty of the Company shall be construed to encompass such subject matter.
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Infringed has the meaning set forth in Section 5.12(a).
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Infringed has the meaning set forth in SECTION 3.1(n)(ii).
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Infringed has the meaning set forth in Section 2.15(c).
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Infringed has the meaning specified in Section 3.1.19(d).
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Infringed or “INFRINGEMENT” shall mean that on a country per country basis, a THIRD PARTY (other than XXXXX or its other non-exclusive licensee(s)) has filed a PLA for a product claimed by XXXXX PATENT claims or is commercially manufacturing, commercially using or importing such a product, provided, however, that if XXXXX can demonstrate that XXXXX is, within a six (6) month period following such PLA filing of the THIRD PARTY product, actively negotiating with such THIRD PARTY a license in order to avoid INFRINGEMENT of the PATENT in all countries where such INFRINGEMENT exists and successfully enters into such license agreement, no INFRINGEMENT shall be deemed to exist or have existed. Failing to do so, INFRINGEMENT is deemed to exist as from the end of such six (6) month period. Notwithstanding the foregoing, in case of sale of such THIRD PARTY product and absent execution of the license agreement referred to above, INFRINGEMENT shall be deemed to exist.
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