Other Infringement definition

Other Infringement means any alleged or threatened infringement of the Precision Patents or Joint Collaboration Program Patents, as applicable, by a Third Party and such alleged or threatened infringement is not a Competitive Infringement. 1. 100 “Party” and “Parties” has the meaning set forth in the preamble hereto.
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Other Infringement means any alleged or threatened infringement of the Precision Patents or Joint Collaboration Program Patents, as applicable, by a Third Party and such alleged or threatened infringement is not a Competitive Infringement.
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Other Infringement shall have the meaning set forth in Section 14.4.4.
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Examples of Other Infringement in a sentence

  • AstraZeneca shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity allegedly engaged in any Product Infringement or Other Infringement of the FibroGen Patents in the RoW (and to defend any related counterclaim), at AstraZeneca’s expense.

  • If either Party recovers monetary damages from a Third Party in a suit or action in respect of a Product Infringement or Other Infringement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation and any remaining amount shall be deemed Net Sales and retained by (or paid to) AstraZeneca, subject to royalty payments on such deemed Net Sales pursuant to Section 8.6.

  • AstraZeneca shall have a period of one hundred eighty (180) days after its receipt or delivery of notice and evidence pursuant to Section 9.5(a)(i), to elect to so enforce such FibroGen Patent in the RoW (or to settle in accordance with Section 9.5(c) or otherwise secure the abatement of such Product Infringement or Other Infringement).

  • The enforcing Party bringing a claim, suit, or action under Section 13.3.2 (Competitive Infringement) and Section 13.3.3 (Other Infringement Actions) will be responsible for [***] as a result of such claim, suit, or action; [***].

  • If BN brings an Other Infringement Action with respect to the Existing Combination Product Patent, BN will keep BMS regularly informed of the status and progress of, and will reasonably consider BMS’s comments on, such enforcement effort.

  • BMS will not settle any Other Infringement Action in any manner that would adversely affect a BN Patent without the prior written consent of BN (not to be unreasonably withheld, conditioned or delayed).

  • Any recovery received as a result of any Enforcement Action pursuant to Section 7.4(c) (Other Infringement of Selecta-Invented Improvement Patents and Selecta-Assigned Improvement Patents) or 7.4(e) (Infringement of Spark Patents) and any recovery received by Selecta as a result of any Enforcement Action pursuant to Section 7.4(d) (Infringement of Selecta Background Patents) as to a Third Party Infringement other than a Competitive Infringement shall be retained by the Party taking the Enforcement Action.

  • BN will provide to BMS reasonable assistance in such Other Infringement Action, at BMS’s request and expense, including joining such action as a party plaintiff if required by Applicable Law to pursue such action.

  • AstraZeneca shall have the first right, but not the obligation, to bring an appropriate suit or other action against any person or entity allegedly engaged in any Product Infringement or Other Infringement of the FibroGen Patents in the U.S. (and to defend any related counterclaim), at AstraZeneca’s expense.

  • Any amounts obtained by [ * ] as damages or settlement of such Other Infringement enforcement action or proceeding undertaken by [ * ] pursuant to this Section 9.4(d) belong [ * ].


More Definitions of Other Infringement

Other Infringement means infringement or potential infringement of any Joint Patent by the actions of a Third Party in connection with any product that is not an Infringing Combination Product, (an “Other Infringing Product”) and (iii) “other similar action” shall include responses to paragraph (iv) certifications under the United States Drug Price Competition and Patent Term Restoration Act (also known as the ▇▇▇▇▇-▇▇▇▇▇▇ Act) (a “Paragraph (iv) Certification”) or a Notice of Allegation, which Paragraph (iv) Certification or Notice of Allegation relates to any Gilead Patent or ▇▇▇▇▇▇▇ Patent and results from an attempt to market (A) in the case of an Infringing Combination Product, a Generic Combination Product or (B) in the case of an Other Infringing Product, a generic version thereof. For the avoidance of doubt, the Parties acknowledge and agree that infringement of a Gilead Patent or a ▇▇▇▇▇▇▇ Patent, as the case may be, other than by an Infringing Combination Product, is outside the scope of this Agreement and shall not create any rights or impose any obligations on the Parties hereunder, including any right or obligation to take actions to respond to such infringement.
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