Key Patents definition
Examples of Key Patents in a sentence
Prior to the submission of an IDE for a COMPANY Product, the parties will meet to discuss whether any Jointly Owned Patents are Key Patent(s) for such COMPANY Product.
All of the Key Patents are in full force and effect and have not lapsed, expired or otherwise terminated.
To the knowledge of Dermavant, each claim that has been issued or granted by a governmental patent office included in the Key Patents is valid and enforceable.
Subsequent to the issuance of the Key Patents, none of Dermavant or any other owner of any Key Patent has filed any disclaimer (other than a terminal disclaimer) or made or permitted any other voluntary reduction in the scope of such Key Patent.
Subject to Section 10.5(e) and the remainder of this Section 10.5(b)(i), Company shall have the first right, but not the obligation, to bring an appropriate suit or other action against any Person allegedly engaged in any Product Infringement of the Key Patents or the Joint Patents in the Territory (and to defend any related counterclaim).
For the avoidance of doubt, Licensee shall have no rights under this Section 10.6 with respect to Company Patents other than those rights expressly set forth in this Section 10.6 regarding Key Patents.
In the event Company elects not to resolve such Product Infringement or such possibility of Product Infringement, then Licensee shall have the right, but not the obligation, to commence a suit or take action to enforce the applicable Key Patents or Joint Patents with respect to such Product Infringement in the Territory.
In such event, Prestwick shall have the initial right (but not the obligation) to enforce such Key Patents with respect to such Infringing Product, or to defend any declaratory judgment action with respect thereto at its sole expense (an “Enforcement Action”).
BioStar shall apply for and seek prompt issuance of, and upon issuance, maintain all of the Key Patents and all substitutions, extensions, reissues, renewals, divisions, continuations or continuations-in-part thereof or therefor in the Territory.
During the Term, Company shall prosecute and maintain the Key Patents licensed to Licensee pursuant to Section 2.1.