Examples of Licensed Product Patent in a sentence
If FALK learns of any infringement or threatened infringement by a Thirx Xxrty of a Licensed Product Patent in any country in the Territory, FALK shall promptly notify ALTUS in writing and shall provide ALTUS xxxx all available evidence in FALK's possession of such infringement.
If Spectrum fails to institute and prosecute an action or proceeding to xxxxx the Product Infringement within a period of [***] ([***]) days (a) after the first notice under Section 12.3(a) or (b) of otherwise having knowledge of the Product Infringement, then CyDex shall have the right, but not the obligation, to commence a suit or take action to enforce the applicable Licensed Product Patent against such third Party perpetrating such Product Infringement at its own cost and expense.
SRM shall affix to all of its Licensed Products made, used, sold, offered for sale or imported into the U.S. (and/or all labeling and/or packaging thereof), where appropriate and in accordance with U.S. patent law, marking notices of all of the U.S. patent rights including the Cordis Patent Rights practiced by such Licensed Product (Patent Marking Statement).
Each Party will immediately notify the other Party of any certification of which it becomes aware filed pursuant to 21 U.S.C. § 355(b)(2)(A) or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) or declaratory judgment action filed by a Third Party claiming that a Product-Specific Patent, Licensed Product Patent, Special Isis Core Technology Patent is invalid or that infringement of such Patent will not arise from the development, manufacture, use or sale of any product by a Third Party.
Notwithstanding the foregoing, Genzyme will have the exclusive right to bring actions with respect to infringement of Product-Specific Patents or Licensed Product Patent.
Similarly, Isis will not settle any such claims or suits in a manner that admits the invalidity or unenforceability of any Product-Specific Patent or Licensed Product Patent or that agrees to any injunction or other equitable remedy binding Genzyme without obtaining the prior written consent of Genzyme.
If the Responsible Party decides to discontinue the preparation, filing, prosecution or maintenance of a Joint Patent (other than a Product-Specific Patent or Licensed Product Patent), the Responsible Party will notify the other Party at least sixty (60) days prior to any deadline that, if missed, would materially prejudice the Joint Patent, and the other Party will have the right to prepare, file, prosecute and maintain such Patent.
As between Novartis and Voyager, Novartis will have the sole right, but no obligation, to take action to obtain a discontinuance of infringement or bring suit against a Third Party infringing or challenging the validity or enforceability of any Licensed Product Patent in the Territory, and any such litigation or steps will be at Novartis’s expense and all recoveries will be retained by Novartis.
XXXXX shall have the right, but not the obligation, to institute, prosecute and control (collectively, "bring") any action or proceeding with respect to infringement in the Field in the Territory of any Licensed Product Patent by counsel of its own choice, and FALK shall have the right, at its own expense, to be represented in xxx such action by counsel of its own choice.
If either Party learns of any infringement or threatened infringement by a Third Party of a Licensed Product Patent, such Party shall promptly notify the other Party in writing and shall provide such other Party with available evidence of such infringement.