Infringing Product definition

Infringing Product has the meaning set forth in Section 8.02.

Infringing Product means any product sold by a third party, other than pursuant to an agreement with ALZA, (i) which incorporates the same therapeutic agent or agents as incorporated in the Licensed Product and (ii) in the case of a Licensed Product using an ALZA drug delivery system, which incorporates a delivery system substantially similar to that incorporated in the Licensed Product, and (iii) which infringes or is alleged to infringe any patent or patents owned by, licensed to or controlled by ALZA.

Infringing Product means any product sold by a third party which infringes or is alleged to infringe any patent or patents licensed to ASTI hereunder and covering an ASTI Product.

Examples of Infringing Product in a sentence

• Each party shall promptly notify the other party of use or sale by a third party of an Infringing Product.

• If a third party manufactures or sells an Infringing Product, ALZA may, at its own expense, bring legal action to restrain such infringement and for damages.

• Each party shall promptly notify the other of any infringement or alleged infringement known to such party of any patent covering Allergan Technology, by the manufacture, development, use or sale by a third party of any Infringing Product.

• Each of the following terms is defined in the Section set forth opposite such term: Term Section Agreement Recitals Aradigm Recitals Bankruptcy Code 12.01(a) Confidential Information 8.01(d) Development and License Agreement Recitals Directly Infringing Product 7.02(c) Field Claim 7.02(b) Field Infringement 7.04(a) Independent Auditor 5.05(a) Non-Insulin Compound 2.07(b) Novo Nordisk Recitals Novo Nordisk Delivery Technologies, Inc.

• ASLAN, at its sole expense, shall have the initial right to initiate and control any enforcement of the Varlitinib Patents with respect to an Infringing Product or to defend any declaratory judgments seeking to invalidate or hold the Varlitinib Patents unenforceable (each, an “Enforcement Action”), in each case in ASLAN’s own name and, if necessary for standing purposes, in the name of Array and shall consider, in good faith, the interests of Array in so doing.

More Definitions of Infringing Product

Infringing Product means any product manufactured, used, offered for sale or sold by a third party, other than pursuant to an agreement with CliniChem, BioChem or a BioChem Affiliate, which infringes or is alleged to infringe any patent or patents licensed to CliniChem hereunder containing claims which cover a CliniChem Product.

Infringing Product means any product sold by a third party that (a) is formulated as a biodegradable **; (b) contains the Active Agent; (c) infringes or is alleged to infringe any of the SurModics IP Rights, SurModics Research IP Rights or the SurModics’ rights under the Combination IP Rights licensed to Edge hereunder covering each Product.

Infringing Product means any product sold by a third party, other than pursuant to an agreement with Allergan, (i) which incorporates the same Therapeutic Agent or Agents as incorporated in the Licensed Product and (ii) which infringes or is alleged to infringe any patent or patents owned by, licensed to or controlled by Allergan.

Infringing Product means a third party product that may infringe the Phenomix Licensed Patent Rights and that has regulatory approval for administration to humans.

Infringing Product has the meaning set forth in Section 6.2 (Surface’s Right to Enforce and Defend Patent Rights).

Infringing Product shall have the meaning assigned in Section 9.4.

Infringing Product means any product sold by a third party, other than pursuant to an agreement with ALZA, (i) which incorporates the same therapeutic agent or agents as incorporated in the Licensed Product and (ii) in the case of a Licensed Product using an ALZA drug delivery system, which incorporates a delivery system substantially similar to that incorporated in the Licensed Product, and (iii) which infringes or is alleged to infringe any patent or patents owned by, licensed to or controlled by ALZA. 1.5 "License Option Agreement" shall mean the License Option Agreement between ALZA and Crescendo dated as of September 5, 1997. 1.6 "Licensed Product" shall mean the product listed on Attachment A hereto. 1.7 "Major Market Country" shall mean any of the following countries: the United States, France, Germany, Italy, Japan or the United Kingdom. 1.8 "Net Sales" shall mean the total amount invoiced in United States dollars (or converted thereto in accordance with Section 5.2 hereof) on sales of a Licensed Product by ALZA (or its Affiliates) or any ALZA sublicensee, distributor or marketing partner (or its Affiliates) to unrelated third parties such as wholesalers, hospitals and others, in bona fide arm's-length transactions, less the following deductions, in each case related specifically to the Licensed Product and actually allowed and taken and not otherwise recovered by or reimbursed to ALZA (or its Affiliates) or such sublicensee, distributor or marketing partner (or its Affiliates): (i) trade, cash and quantity discounts; (ii) taxes on sales (such as sales or use taxes) to the extent added to the sales price and set forth separately as such in the total amount invoiced; (iii) freight, insurance and other transportation charges to the extent added to the sales price and set forth separately as such in the total amount invoiced; and (iv) amounts repaid or credited by reason of rejections, defects or returns or because of retroactive price reductions, chargebacks or rebates under government programs. Net Sales shall also include the fair market value of all other consideration received (a) by ALZA (or its Affiliates) with respect to sales by them of the Licensed Product to unrelated third parties from persons other than sublicensees, distributors or marketing partners (or their Affiliates) or (b) by any sublicensee, distributor or marketing partner (or its Affiliates) with respect to their sales of the Licensed Product to unrelated third parties, in each case whether such c...