POZEN Patents definition

POZEN Patents means all Patents Controlled by POZEN in the Territory during the Term that would be infringed, in the absence of a license, by the manufacture, use, sale, offer for sale or importation of a Product, including without limitation any Patents that claim POZEN Inventions. The POZEN Patents as of the Execution Date are listed on Exhibit A attached to this Agreement. During the Term, POZEN will update Exhibit A with regard to other POZEN Patents that are included within this definition as they are identified.
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POZEN Patents mean any and all Patents owned or Controlled by POZEN during the Term with Valid Claims that would be infringed, in the absence of a license, by the development or Commercialization of any Royalty Product in the Territory, or by the manufacture of any Royalty Product anywhere in the world. In any event, POZEN Patents include the following: (a) those certain patents and patent applications identified on Exhibit D attached hereto; (b) any patents that are or may be granted from any of the patents or patent applications referred to in this definition, including any extensions, continuations, continuations-in-part, divisionals, reissues, reexaminations, renewals, additions, registrations and confirmations thereof; and (c) any patents or patent applications claiming priority of any of the patents or patent applications referred to in this definition.
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POZEN Patents means the Patent Rights set forth on Schedule 1.1.124.
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Examples of POZEN Patents in a sentence

  • POZEN will use reasonable efforts to solicit Xcel’s advice and review of the nature and text of POZEN Patents, applications for Product Trademarks and material prosecution matters related thereto in reasonably sufficient time prior to filing thereof or action thereon, and POZEN will consider in good faith Xcel’s reasonable comments related thereto.

  • Notwithstanding anything in this Agreement, the POZEN Know-How, POZEN Improvements, and POZEN Patents, as well as the Xcel Know-How, Xcel Improvements, and Xcel Patents do not include any intellectual property held by a permitted successor prior to the Change of Control Event of the relevant Party.

  • In addition, POZEN will promptly notify GSK upon learning that the manufacture, use or sale of MT 400 or the practice of any inventions covered by one or more claims included in the POZEN Patents or the use of any POZEN Know-How licensed hereunder may infringe any rights of a Third Party.

  • Subject to the terms and conditions set forth in this Section 10.4, POZEN has the exclusive right to file, prosecute and maintain all POZEN Patents or Patents claiming or covering Improvements.

  • POZEN shall promptly inform Nycomed of the issuance of any POZEN Patents.

  • Subject to the terms and conditions set forth in this Section 10.4, POZEN will use commercially reasonable efforts to obtain and maintain during the Term POZEN Patents and any Patents claiming or covering Improvements; provided, however, that POZEN will not be required to undertake or defend any legal action or challenge to such Patents.

  • POZEN will retain control over the prosecution and maintenance of all POZEN Patents, including those identified on Exhibit A, at its expense, using patent counsel of its choice.

  • The POZEN Patents and POZEN Know-how and the GSK Patents and GSK Know-how will exclude any intellectual property held or developed by a permitted successor of the relevant Party not in connection with a Collaboration Product.

  • The Party that controls the prosecution of a given action under this Section 10.5 will also have the right to control settlement of such action; provided, however, that no settlement will be entered into which would limit the scope or enforceability of any POZEN Patents or a Patent covering Improvements without the written consent of POZEN, such consent not to be unreasonably withheld.

  • GSK will not, without the prior written consent of POZEN, settle any claim brought under this Section 8.4 involving POZEN Patents or Joint Patents that would (i) limit or restrict POZEN’s ability to sell POZEN’s products outside the Territory, (ii) permit a Third Party to sell POZEN’s other products or products that infringe POZEN Patents, or (iii) result in an admission of invalidity or unenforceability of any POZEN Patent.


More Definitions of POZEN Patents

POZEN Patents means a) any patents, including applications for patents, owned or controlled by Pozen or which Pozen otherwise has the right to grant licenses under, relating to the Compound (including Products), the manufacture thereof, or the use thereof in the Field whether existing as of the Effective Date or arising thereafter; b) all patents arising from said applications; c) any additions, divisions, continuations, continuations-in-part, amendments, amalgamations, reissues and re-examinations of such applications or patents; d) any confirmation, importation and registration patents thereof or therefore; and e) any extensions and renewals of all such patents and patent applications, including supplementary protection certificates based on such patents or patent applications and administrative rights, e.g., so-called pipeline protection, in whatever legal form and by whatever legal title they are granted.
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Related to POZEN Patents

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

  • 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.

  • 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.

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

  • 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.

  • 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.

  • 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.

  • Joint Patents means all Patents claiming any 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.

  • 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.

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

  • 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;

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

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

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

  • Valid Claims means Settlement Claims in an amount approved by the Claims Administrator or found to be valid through the claims processing and/or Dispute Resolution process.

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

  • 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.

  • Patent Application means an application for patent protection for a CRADA Subject Invention with the United States Patent and Trademark Office (“U.S.P.T.O.”) or the corresponding patent-issuing authority of another nation.

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

  • Valid Claim means a claim of an issued and unexpired Patent that (i) has not been revoked or held unenforceable or invalid by a decision of a court or other Governmental Entity of competent jurisdiction from which no appeal can be taken or has been taken within the time allowed for appeal and (ii) has not been abandoned, disclaimed, denied, or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise in such country.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.