Momenta Patent Rights definition

Momenta Patent Rights means all Patent Rights throughout the world that (a) cover Momenta Know-How, (b) are Controlled by Momenta, and (c) are reasonably necessary or reasonably useful for the conduct of the Collaborative Program; including, without limitation, the Patent Rights listed on Schedule 1.82.
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Momenta Patent Rights means all Patent Rights that are within the Control of Momenta and its Affiliates [***], that: (a) [***] a Product; or (b) [***] for Mylan to exercise the rights licensed to it under the Agreement or to perform its obligations under the Agreement.
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Momenta Patent Rights means all Patent Rights that are [***]: (a) [***]; or (b) [***].
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Examples of Momenta Patent Rights in a sentence

  • The immediately preceding sentence notwithstanding, without the consent of MIT (but subject to the provisions of Article 10), Sandoz and its Affiliates may state that they are sublicensed by MIT under one or more of the applicable Momenta Patent Rights, may make statements of facts, and may make disclosures or statements required by law.

  • Subject to any contractual obligations to, or restrictions imposed by, Momenta's Third Party licensors, Momenta shall use Commercially Reasonable Efforts to timely prepare, file, prosecute and maintain, at its expense, Momenta Patent Rights and Momenta Collaboration Patent Rights (in each case, other than any Product-Specific Patent Rights relevant to the exercise by the Sandoz Parties of the licenses granted in Section 2.1) in the United States and throughout the world.

  • Subject to any Prior Obligations of Momenta, Momenta shall use Commercially Reasonable efforts to timely prepare, file, prosecute and maintain Momenta Patent Rights and Momenta Collaboration Patent Rights (in each case, other than any Glycoprotein Product-Related Patent Rights and Collaboration Product-Specific Patent Rights) in the relevant Territory.

  • The royalties due under Section 10.6(b)(vi)(1) — (5) shall be determined on a country-by-country and Product-by-Product basis beginning from the First Commercial Sale of such Product in such country until the later of: (A) expiration of the last-to-expire of the Momenta Patent Rights in such country covering such Product; or (B) [***] ([***]) [***] after the First Commercial Sale of such Product in such country.

  • The royalties due under Section 10.6(b)(vi)(1) — (5) shall be determined on a country-by-country and Product-by-Product basis beginning from the First Commercial Sale of such Product in such country until the later of: (A) expiration of the last-to-expire of the Momenta Patent Rights in such country covering such Product; or (B) [***] after the First Commercial Sale of such Product in such country.

  • If Momenta decides to abandon, or otherwise fails to prosecute or maintain, any Patent Rights within the Momenta Patent Rights in any country in the Territory, Momenta shall provide Mylan with written notice of such decision at least [***] ([***]) [***] prior to any applicable filing deadline, and of any such failure promptly after it occurs.

  • For avoidance of doubt, assertion of Momenta Patent Rights that are infringed by a third party with respect to a product that is not a [***] Product or a Product [***] is outside the scope of this Agreement.

  • Where Momenta does not have control or hold the first right to enforce Momenta Patent Rights or Joint Patent Rights under Section 7.4 or to defend litigation brought against Momenta under Section 7.5, CSL shall transfer control of such litigation to Momenta and CSL shall assume the rights and obligations previously held by Momenta in such litigation proceedings.

  • Momenta shall solicit Mylan’s comments prior to filing any new Momenta Patent Rights or making additional filings on existing Momenta Patent Rights and shall consider Mylan’s [***] comments with respect thereto [***].

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More Definitions of Momenta Patent Rights

Momenta Patent Rights means all Patent Rights that are within the Control of Momenta other than Patent Rights licensed to Momenta by Xxxxxx pursuant to Article 6 of this Agreement.
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Related to Momenta Patent Rights

  • Patent Rights means all patents and patent applications (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).

  • Joint Patents means all Patents claiming any Joint Invention.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Existing Patents has the meaning set forth in Section 10.2.1.

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Company Patents shall have the meaning set forth in Section 3.19(b) .

  • Program Technology means Program Know-How and Program Patents.

  • Licensed IP means the Licensed Patent Rights and the Licensed Know-How.

  • Licensor Technology means the Licensor Patents and the Licensor Know-How.

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Product Technology means the Product Know-How and Product Patents.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.