Infringement Payments definition

Infringement Payments means all collections, recoveries, damages, awards, settlement payments or any other payments, compensation or consideration of any kind which the Vendor is entitled to receive and are intended as compensation for deemed Net Sales under Sections 10.1 and 10.5 of the Kirin License Agreement, as a result of any litigation, arbitration or other legal proceeding to enforce the Kirin License Agreement or the Licensed Technology to the extent such litigation, arbitration or other legal proceeding results in payments arising from infringement of any of the Licensed Technology;
Infringement Payments means all collections, recoveries, damages, awards, settlement payments or any other payments, compensation or consideration of any kind which are received by the Vendor and are intended as compensation for deemed Net Sales under Sections 9.7.2, 9.7.3 and 9.8.1 of the License Agreement and under Sections 8.6.2 and 8.6.3 of the Distribution Agreement, as applicable, in either case as a result of any litigation, arbitration or other legal proceeding to enforce the License Agreement or the Distribution Agreement, as applicable, the Licensed Technology or the NPS Trademarks to the extent such litigation, arbitration or other legal proceeding results in payments arising from infringement of any of the Licensed Technology or the NPS Trademarks;
Infringement Payments means all collections, recoveries, damages, awards, settlement payments or other payments, compensation or consideration of any kind which are received by Medicure as damages, compensation or consideration for or in respect of any lost component of Net Sales as a result of any Proceeding to enforce the AGGRASTAT Proprietary Rights or the MC-1 Proprietary Rights, as the case may be, against any infringement thereof due to development, manufacture, marketing, import, export, offer to sell or sale of any product containing Tirofiban or P5P as the case may be.

Examples of Infringement Payments in a sentence

  • For greater clarity, Birmingham shall be entitled to receive Royalty Payments in relation to only one of AGGRASTAT and MC-1 at a time, and, having exercised the Switch Option, Birmingham shall have no further right to switch Royalty Payments and shall have no further right or interest of any kind whatsoever in AGGRASTAT or Infringement Payments related to AGGRASTAT Proprietary Rights provided that Medicure-Barbados will remain obligated to pay all Royalty Payments accrued and owing up to the Switch Date.

  • Self-Report MethodsStudies relying on self-reporting are more common than those relying on statistical methods.


More Definitions of Infringement Payments

Infringement Payments means any net collections, recoveries, damages, awards or settlement payments that are actually paid to the Transferee (or the Transferor on its behalf) as a result of any settlement discussion, litigation, arbitration or other legal proceeding brought against third-party infringers by the Transferee (or the Transferor on its behalf) pursuant to Article 13 of the Counterparty Agreement, excluding any portion thereof payable to the Counterparty.

Related to Infringement Payments

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Infringement has the meaning set forth in Section 6.3(a).

  • Third Party Royalties means royalties or payments actually paid by the Company or its Affiliates to an unaffiliated third party for the right to use or exploit technology, products or proprietary rights of such third party to create or sell Licensed Product/s, which third party’s rights would otherwise be infringed or violated.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • infringement notice has the meaning set forth in Section 7.4.1;

  • Third Party Payments means the payment made through instruments issued from an account other than that of the beneficiary investor mentioned in the application form. However, in case of payments from a joint bank account, the first named applicant/investor has to be one of the joint holders of the bank account from which payment is made.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Payment means payment through an instrument issued from a bank account other than that of the beneficiary investor. In case of payments from a joint bank account, the first named investor/holder of the mutual fund folio has to be one of the joint holders of the bank account from which payment is made.

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

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • 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).

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Royalties means all royalties, fees, expense reimbursement and other amounts payable by a Loan Party under a License.

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Transferred Intellectual Property Rights means (a) the Transferred Patents, (b) the Transferred Copyrights, (c) the Transferred Internet Properties, (d) the Transferred Industrial Designs, (e) The Transferred Database Rights,(f) the Transferred Mask Work Rights, (g) the Transferred Trade Secrets, and (h) the Transferred Trademarks.

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

  • 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.

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.