Orchard Background Patents definition

Orchard Background Patents means the patents referred to in Schedule 7 to the extent that such patents claim the Orchard Technology, and any patents issuing therefrom or claiming priority thereto, worldwide, together with any extensions (including patent term extensions and supplementary protection certificates) and renewals thereof, reissues, reexaminations, substitutions, confirmation patents, registration patents, invention certificates, patents of addition, renewals, divisionals, continuations and continuations in part of any of the foregoing, in each case to the extent that the same claim the Orchard Technology;
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Orchard Background Patents means any and all Patents Controlled by ▇▇▇▇▇▇▇ or any of its Affiliates: 1.84.1 on the Effective Date or at any time during the period from the Effective Date until the first Drug Approval Application in respect of the Licensed Product is submitted anywhere in the Territory, which become Controlled by Orchard or its Affiliates otherwise than in the performance of this Agreement, in each case, solely to the extent that such Patents are (a) actually used by Orchard, its Affiliates or Subcontractors in the performance of its activities under this Agreement, or licensed to Pharming or its Affiliates for use in the performance of their activities under this Agreement, and, in the case of any Patents pertaining to the Manufacture of the Licensed Product, to the extent such Patents Cover the Manufacturing Process actually used for the Manufacture of the Licensed Product; or (b) without limiting the foregoing, necessary for the performance of Pharming’s obligations under this Agreement or to Exploit any Licensed Product; or 1.84.2 that constitutes Patents included in any Manufacturing Process Improvements licensed to Pharming pursuant to Section 3.7; or 1.84.3 that Cover any Orchard Background Know-How. For the avoidance of doubt, ▇▇▇▇▇▇▇ Background Patents include the Patents set forth on Schedule 1.84 which may be amended in writing from time to time. 1.85 “Orchard CMC Costs” has the meaning set forth in Section 8.1.3. 1.86 “Orchard CMO” means any Third Party contract manufacturing organization engaged by ▇▇▇▇▇▇▇ for the manufacture and supply of the Licensed Product, including the Third Party Manufacturer. As of the Effective Date and without limiting the foregoing, the Orchard CMO is expected to include [_____]. 18 1.87 “Orchard Collaboration IP” means the Orchard Collaboration Patents and Orchard Collaboration Know-How. 1.88 “Orchard Collaboration Know-How” means any and all Know-How that is created, conceived or developed after the Effective Date solely by or on behalf of Orchard or its Affiliates in performing activities under this Agreement, but excluding all Platform Know-How and Orchard Conditioning Know-How. 1.89 “Orchard Collaboration Patents” means any and all Patents Controlled by Orchard or its Affiliates after the Effective Date that Cover any Orchard Collaboration Know-How. 1.90 “Orchard Conditioning IP” means the Orchard Conditioning Patents and Orchard Conditioning Know-How. 1.91 “Orchard Conditioning Know-How” means any and all Know-How that i...
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Examples of Orchard Background Patents in a sentence

  • Nothing in this Agreement will affect either Party’s ownership of any BioMedica Background IPR or Orchard Background Patents.

  • Orchard hereby grants to BioMedica a non-exclusive non-transferable licence under the Orchard Background Patents and Orchard Arising IPR, solely for the purpose of and to the extent necessary to enable BioMedica to perform the activities assigned to it under the Collaboration Plan and any Supply Agreement.

  • Orchard shall have the sole right subject to this Section 11.2.1, but not the obligation, to prepare, file, prosecute, and maintain the Orchard Background Patents, Orchard Collaboration Patents, Orchard Conditioning Patents and the Platform Patents worldwide.

  • For clarity, upon termination of this Agreement, Pharming’s rights in respect of the prosecution and enforcement of any Orchard Background Patents, Orchard Conditioning Patents, Orchard Collaboration Patents, Platform Patents and Product Specific Patents shall terminate.

  • The cost and expense of such activities shall be borne as follows: (i) to the extent relating to any and all Product Specific Patents, by Pharming, and (ii) to the extent relating to any and all Orchard Background Patents, Orchard Collaboration Patents, Orchard Conditioning Patents and the Platform Patents which are not Product Specific Patents, by Orchard.

  • Subject to Section 11.3.5, Orchard shall have the sole and exclusive right, but not the obligation, to enforce and defend worldwide under its control, at its own Cost, the Orchard Background Patents, Orchard Collaboration Patents, Orchard Conditioning Patents and Platform Patents.