Examples of Inverness Lateral Flow Patents in a sentence
The owner or Controller of Intellectual Property Rights (the “Patent Owner”) (for example, Inverness in the case of the Inverness Lateral Flow Patents and Chembio in the case of the Chembio IP) shall have the sole right to prepare, file, prosecute, obtain and maintain throughout the world, and otherwise take all Patent Prosecution Actions with respect to its Intellectual Property Rights as such Patent Owner shall deem to be appropriate in its discretion.
Without limitation of the foregoing, any Visual-Read HIV Test that does not fall within the Barrel Field, whether or not Exploitation of such Visual-Read HIV Test by a Third Party would infringe the Inverness Lateral Flow Patents, is a Permitted Competing Product.
Inverness, on and subject to the terms and conditions contained herein, hereby grants to Chembio and Chembio hereby accepts from Inverness an exclusive worldwide license during the Term under the Inverness Lateral Flow Patents to manufacture the HIV Barrel Product solely for sale to Inverness.
The owner of Intellectual Property Rights (the “Patent Owner”) (for example, Inverness in the case of the Inverness Lateral Flow Patents, Chembio in the case of the Chembio IP and SDS in the case of the SDS Patents) shall have the sole right to prepare, file, prosecute, obtain and maintain throughout the world, and otherwise take all Patent Prosecution Actions with respect to its Intellectual Property Rights as such Patent Owner shall deem to be appropriate in its discretion.
In all jurisdictions where such agreement is permitted by law, and to the maximum extent so permitted: (a) SDS and Chembio each agrees not to Challenge any Patent Rights of Inverness or its Affiliates in the Inverness Lateral Flow Patents listed on Schedule F; (b) Inverness and Chembio each agrees not to Challenge the Patent Rights in the SDS Patents licensed hereunder, and (c) Inverness and SDS each agrees not to Challenge the Patent Rights in the Chembio Listed Patents.
Inverness represents and warrants that the Inverness Lateral Flow Patents constitute all Patent Rights claiming lateral flow technology that Inverness has the right to sublicense.
In addition to the foregoing, and whether or not the foregoing prohibition is permissible or otherwise enforceable, in the event that Inverness Challenges any Patent Rights in the Chembio Listed Patents, or Chembio Challenges any Patent Rights in the Inverness Lateral Flow Patents, the Party whose right is Challenged shall have the right, in its sole discretion and immediately on written notice to terminate this Agreement for cause.
In addition to the foregoing, and whether or not the foregoing prohibition is permissible or otherwise enforceable, in the event that Inverness Challenges any Patents Rights in any Chembio Listed Patents, or Chembio Challenges any Patent Rights in any Inverness Lateral Flow Patents, the Party whose right is Challenged shall have the right, in its sole discretion and immediately on written notice, to terminate this Agreement for cause.
All materials referring or relating to the HIV Cassette Products shall include the following in legible font: “Manufactured by Chembio Diagnostic Systems, Inc., Medford, NY for Inverness Medical Innovations under [patents no.s of Inverness Lateral Flow Patents] owned or licensed by Inverness Medical Innovations, Inc.”.
All materials referring or relating to the Licensed Products shall include the following in legible font: “Manufactured by Chembio Diagnostic Systems, Inc., Medford, NY for Inverness Medical Innovations under [patents no.s of Inverness Lateral Flow Patents] owned or licensed by Inverness Medical Innovations, Inc.”.