Licensee Patent definition

Licensee Patent means any Patent that (i) (a) is Controlled by Licensee (or its Affiliates) as of the Effective Date or comes under the Control of Licensee (or its Affiliates) during the Term (other than as a result of the licenses granted by Lilly to Licensee under this Agreement) and (b) that would be infringed by the Development, Manufacture, Commercialization or use of the Compound or Product or that claims or covers Licensee Know-How or (ii) a Licensee Collaboration Patent.

Licensee Patent means any Patent (other than a Licensor Patent) that (a) claims, generically or specifically, CX-01 or any Product, or the manufacture or use in the Field of CX-01 or any Product, and (b) which is Controlled by Licensee or its Affiliates during the Term; provided, the use of “Affiliate” in this definition excludes any Third Party that becomes an Affiliate of Licensee after the Effective Date due to a Change of Control of Licensee, except to the extent such Third Party’s Information is Controlled by Licensee (or its Acquiror) or any of its other Affiliates and is necessary for the Development, manufacture or Commercialization of any Product and is used in respect of CX-01 or any Product in the Territory.

Licensee Patent means any Patent owned or controlled by Licensee or any Affiliate or agent of Licensee.

Examples of Licensee Patent in a sentence

• Licensee shall have the right to charge Licensor a reasonable fee for any training with respect to Licensee Patent Rights and Licensee Technical Information as may be agreed with the Licensor on a case by case basis.

• Incremental License Fees for increased production capacity in any Licensed Plant shall not be due if the increased production capacity is the result of the initial use of Licensee Patent Rights or Licensee Technical information.

• Subject to the oversight of the JPC, without the prior written consent of the other Party, neither Party shall settle any claim, suit or action that it brought under this Section 10.4 that admits the invalidity or unenforceability of any Company Patent, Licensee Patent, or Joint Patent, requires abandonment or limits the scope of any Company Patent, Licensee Patent, or Joint Patent or would limit or restrict the ability of either Party to sell Licensed Products anywhere in the Territory.

• Notwithstanding, Tessera shall not bear the obligation or expense of defending the validity of any Licensee Patent.

• Each Party’s rights under this Article 11 with respect to the prosecution and enforcement of any Exelixis Patent and Licensee Patent shall be subject to the rights: (a) retained by any upstream licensor to prosecute and enforce such Patent Right, if such Patent Right is subject to an upstream license agreement; and (b) granted to any Third Party prior to such Patent Right becoming subject to the license grant under this Agreement.

More Definitions of Licensee Patent

Licensee Patent means any Patent, including any Collaboration Patent, that (i) claims a priority date after the Effective Date, (ii) is Controlled by Licensee (or its Affiliates) during the Term (other than the Licensor Patents) and (iii) contains one or more claims Covering the Compound and/or Product (including the Development, Manufacturing or Commercialization of the Compound and/or Product).

Licensee Patent means any Patent Right existing at the time of termination of this Agreement which would block Licensor from practicing any Patent Right included in the Licensed Patents. Licensor shall not be entitled to any grant-back rights under this Section if this Agreement is terminated by Licensee under Section 14.4.3 or 14.5 or if Licensee's obligation to pay royalties has expired pursuant to Section 14.1.

Licensee Patent means any Patent that (a) is Controlled by Licensee (or its Affiliates) as of the Effective Date or comes under the Control of Licensee (or its Affiliates) during the Term (other than as a result of the licenses granted by Amarin to Licensee under this Agreement) and (b) that claims any Licensee Know-How.

Licensee Patent means any Patent (other than a Licensor Patent) that (a) Covers, generically or specifically, any Compound or Product, or the manufacture or use in the Field of any Compound or Product, and (b) which is Controlled by Licensee or its Affiliates during the Term; provided, the use of “Affiliate” in this definition excludes any Third Party that becomes an Affiliate of Licensee after the Effective Date due to a Change of Control of Licensee, except to the extent such Third Party’s Information is Controlled by Licensee (or its Acquiror) or any of its other Affiliates and is necessary for the Development, manufacture or Commercialization of any Compound or Product in the Field.

Licensee Patent means all patents (domestic and foreign), and/or applications therefor, to which Licensee or any of its Affiliates has the right to grant licenses to third parties (other than its own Affiliates), and which contain one or more essential claims (as such term is used in Section 1 above). Mercury’s right to exercise the foregoing option shall be exercisable at any time, and from time to time, with respect to any Licensee Patent whether or not issued and whether or not the applications therefor exist at the time such right is exercised. The date of said license agreement shall be the date on which Mercury requests such license. Except in the event of termination of this License Agreement under Section 5.2 hereof, the option grant of this Section 6 shall survive termination or suspension of this Agreement.

Licensee Patent means: (a) any United States or foreign patent application(s) and patents(s) filed by or on behalf of LICENSEE [**]; (b) any continuations, divisionals, and continuations-in-part, and continued prosecution application(s), to the extent the claims of any such patent or patent application are directed to subject matter specifically described in the patent applications described in clause (a); (c) any reissues, re-examinations, renewals, or extensions of patent applications or patents described in clause (a) or (b), or substitutes therefor; and (d) the relevant international equivalents of any of the patents or patent applications described in clause (a), (b) or (c).

Licensee Patent means any patent (other than a Joint Patent or Licensor Patent) that (a) claims, generically or specifically, a Development Candidate or a Product, or the manufacture or use in the Field of a Development Candidate or a Product, and (b) which is Controlled by Licensee or its Affiliates during the Term.