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

• Without limiting the above remedy, if AGILENT’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or receiving the Infringing Product.

• If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality; (b) modify the Infringing Product to be non-infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT for the Infringing Product and reimburse AGILENT upon demand for all additional costs incurred by AGILENT in purchasing any replacement goods or services.

• If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality; (b) modify the Infringing Product to be non- infringing; or (c) if unable to replace or modify the Infringing Product, refund in full all costs paid by AGILENT for the Infringing Product and reimburse AGILENT upon demand for all additional costs incurred by AGILENT in purchasing any replacement goods or services.

• 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.

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

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

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...

Infringing Product means any product sold by a third party in the Field that (a) is formulated as a biodegradable, preformed, macroscopic implant device composed of [**]; (b) contains the Active Agent; and (c) infringes or is alleged to infringe any of the SMP IP Rights or the Joint Research IP Rights licensed to NUPATHE hereunder covering a Product.

Infringing Product shall have the meaning assigned in Section 9.4.

Infringing Product has the meaning set forth in Section 15.3.