NEKTAR AL PATENT RIGHTS definition

NEKTAR AL PATENT RIGHTS means all of the claims in those PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL which (i) pertain to [***].
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NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL that pertain to PEGYLATION and that, but for the grant of the LICENSES, would necessarily be infringed by the manufacture (including the use of the REAGENT therefor), use, import, offer for sale or sale of the PRODUCT. SCHEDULE IV sets forth the status of the PATENTS included in the NEKTAR AL PATENT RIGHTS as of the EFFECTIVE DATE. SCHEDULE IV may be updated from time to time to list any other PATENTS or PATENT APPLICATIONS which become included in the NEKTAR AL PATENT RIGHTS.
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NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS owned or CONTROLLED by NEKTAR AL as of the EFFECTIVE DATE or during the TERM of this AGREEMENT, that are necessary or useful to develop, make, have made, use, sell, have sold and import the SELECTED PRODUCT pursuant to the license provided in Article 2, including all legal rights conferred upon NEKTAR AL under such PATENTS and PATENT APPLICATIONS, and all PATENTS issuing from PATENT APPLICATIONS, and all foreign counterparts of such PATENTS and PATENT APPLICATIONS, including without limitation any PATENTS or PATENT APPLICATIONS claiming INVENTIONS made pursuant to this AGREEMENT that are CONTROLLED by NEKTAR AL. Schedule VI lists the PATENTS included in the NEKTAR AL PATENT RIGHTS.
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Examples of NEKTAR AL PATENT RIGHTS in a sentence

  • Neither PARTY grants to the other any rights or licenses, including to any XXXXXX PATENT RIGHTS or XXXXXX KNOW HOW, or NEKTAR AL PATENT RIGHTS or NEKTAR AL KNOW HOW or other intellectual property rights, whether by implication, estoppel or otherwise, except to the extent expressly provided for under this AGREEMENT.

  • This could be taken as an indication that the performance of software engineering is not typically troubled by ethical concerns: that there is no need to adapt processes or methodologies to the ethical context of the sponsoring organisation.

  • NEKTAR AL shall have the right to terminate this AGREEMENT immediately upon written notice if COMPANY or any SUBLICENSEE challenges the validity, scope or enforceability of or otherwise opposes any PATENT included in the NEKTAR AL PATENT RIGHTS or (provided that COMPANY’s sublicense under Section 2.2 is then in effect) the ENZON PATENTS.

  • The provisions of this Section 2.9.3 shall not apply if COMPANY or its AFFILIATES, SUBLICENSEES or CMOS challenge the validity or enforceability of any NEKTAR AL PATENT RIGHTS in a court of law as a defense against NEKTAR AL claiming that the manufacture, use or sale of products, other than the SELECTED PRODUCT, infringes PATENTS or PATENT APPLICATIONS owned or CONTROLLED by NEKTAR AL.

  • NEKTAR AL FURTHER PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRACTICE OF THE INVENTIONS DESCRIBED IN THE NEKTAR AL PATENT RIGHTS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

  • If OSI, its AFFILIATES or its SUBLICENSEES judicially challenge the NEKTAR AL PATENT RIGHTS: (a) OSI shall pay for all attorney’s fees, costs of suit, and other out-of-pocket expenses incurred by NEKTAR AL in resisting or opposing such challenge if such challenge is not successful; and (b) the LICENSES and EYETECH’S AFFILIATES’ and SUBLICENSEES’ sublicense rights under such LICENSES shall automatically terminate.

  • The foregoing shall not apply if COMPANY or its SUBLICENSEES challenge the validity or enforceability of any ENZON LICENSED PATENTS or NEKTAR AL PATENT RIGHTS as a defense against ENZON or NEKTAR AL claiming that the manufacture, use or sale of products, other than the SELECTED PRODUCT, infringes ENZON LICENSED PATENTS or NEKTAR AL PATENT RIGHTS.


More Definitions of NEKTAR AL PATENT RIGHTS

NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL as of the EFFECTIVE DATE or during the TERM which (i) pertain to PEGYLATION and cover the composition, manufacture, sale, import or use of SELECTED PRODUCT, or the use of SELECTED REAGENT to develop, make, have made, use, sell, offer for sale, or import SELECTED PRODUCT, and (ii) subject to Section 1.42 below, are necessary to make, have made, use, sell, have sold, offer for sale and import SELECTED PRODUCT pursuant to the license set forth in Section 2.1. Schedule VI sets forth the status of the PATENT APPLICATIONS and PATENTS included in the. NEKTAR AL PATENT RIGHTS as of the EFFECTIVE DATE. Schedule VI may be updated from time to time to list any other PATENTS or PATENT APPLICATIONS which may become included in the NEKTAR AL PATENT RIGHTS.
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NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL that are necessary or reasonably useful to develop, make, have made, use, sell, have sold, import and export the SELECTED PRODUCT or the SELECTED REAGENT, but with respect to the SELECTED REAGENT, which PATENTS or PATENT APPLICATIONS would otherwise be infringed by COMPANY, its AFFILIATES or SUBLICENSEES but for the grant of licenses under this AGREEMENT. SCHEDULE V sets forth the PATENTS and PATENT APPLICATIONS included in the NEKTAR AL PATENT RIGHTS as of the time this AGREEMENT is executed, and shall be updated by the PARTIES from time to time as needed to list any other PATENTS and PATENT APPLICATIONS which become included in the NEKTAR AL PATENT RIGHTS.
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NEKTAR AL PATENT RIGHTS means all PATENTS and PATENT APPLICATIONS (a) that are owned in whole or in part by NEKTAR AL, or licensed to NEKTAR AL, as of the EFFECTIVE DATE, (b) that become owned in whole or in part by NEKTAR AL at any time during the TERM, or (c) that are licensed to NEKTAR AL after the EFFECTIVE DATE, with the right to grant a sublicense, in each of the foregoing cases ((a), (b) and (c)), to the extent that such PATENTS or PATENT APPLICATIONS are infringed (in the case of a pending patent application, would be infringed if granted) by making, having made, using, selling, offering to sell or importing SELECTED PRODUCT and/or the SELECTED REAGENT in accordance with the terms of the license granted under Section 2.1 or Section 3.2 of this AGREEMENT.
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Related to NEKTAR AL PATENT RIGHTS

  • 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).

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • 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.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • 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 REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Joint Patents means all Patents claiming any Joint Invention.

  • 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.

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

  • 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.

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

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

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

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

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

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

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

  • 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.

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