MedImmune Patents definition
Examples of MedImmune Patents in a sentence
Xencor shall make payments to MedImmune pursuant to Section 5 of the […***…] License and calculated according to the terms of the […***…] License as applied to all activities, achievements and sales pursuant to Xencor’s sublicense hereunder of […***…]’s interest in those MedImmune Patents co-owned by MedImmune.
In addition, Kolltan shall provide to MedImmune such other information related to prosecution of any MedImmune Patents or Joint Patents as MedImmune may from time to time reasonably request to allow MedImmune to track prosecution and maintenance of such Patents and shall consider in good faith any comments that MedImmune may provide with respect to such matters.
MedImmune hereby represents and warrants to Xencor that MedImmune has the right to grant the license and sublicense set forth in Section 2.3 as applicable to each MedImmune Patent, and no MedImmune Patents are solely owned by […***…] (i.e., MedImmune or its Affiliate is at least a co-owner of all MedImmune Patents).
It is understood and agreed that even if the sublicense of […***…]’s interest in the MedImmune Patents terminates, Xencor’s license under MedImmune’s ownership interest in the co-owned MedImmune Patents shall remain in full force and effect.
To avoid doubt, the license from MedImmune of its (and its Affiliates’) interest in MedImmune Patents includes their co-ownership interest in those MedImmune Patents that are co-owned with […***…].
Kolltan shall provide MedImmune with a draft of any prosecution filing related to any MedImmune Patents or Joint Patents at least [**] days in advance of submission (or, if such timing is not practicable, as far in advance of submission as practicable) and shall provide MedImmune an opportunity to provide comments on and make requests of Kolltan concerning such filing and shall consider in good faith any comments or requests regarding such filing that MedImmune may timely provide.
For the avoidance of doubt, (A) [***] rights under this Section 6.2 will [***], and (B) in the case of subclause (2) above, [***] rights will [***] in the case where [***, and to those MedImmune Patents containing claims that Cover a Flu B Compound or a Flu B Product in the case where [***].
In the event that either Party has cause to believe that a Third Party may be infringing: (i) any of the Seres Patents or MedImmune Patents, in each case, in the Field in the Territory, or (ii) any of the Joint Patents worldwide, it shall promptly notify the other Party in writing, identifying the alleged infringer and the alleged infringement complained of, and furnishing the information upon which such determination is based.
Notwithstanding the foregoing, if [***] shall have the right to make decisions regarding, and to apply for, patent term extensions for the MedImmune Patents [***].
Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of the MedImmune Patents that Cover a Licensed Compound or a Licensed Product in any jurisdiction in the Territory (an “Infringement”).