Examples of Product Xxxx in a sentence
Within thirty (30) days after the end of the Wind-down Period, Cephalon shall either transfer to Angioblast or destroy all tangible items related to the Excluded Products including those comprising, bearing or containing any Existing Xxxx, Product Xxxx, the Angioblast Logos, Data, photographs, samples, literature, sales and promotional aids specifically with respect to the Excluded Region.
If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, Xxxx will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense.
If, following any termination after the License Effective Date, BN notifies BMS in writing within [***] after the date of termination that BN wishes to acquire any Product Xxxx used in connection with the terminated Product(s), BMS shall, subject to Section 12.7(l), assign to BN, or cause the assignment to BN of, all rights in and to such Product Xxxx for the terminated Product(s) in the terminated Region(s), together with all associated goodwill.
Where use of the Product Xxxx is not permitted by Applicable Laws, the Parties shall agree on an alternative product trademark and such alternative product trademark shall be included as a Product Xxxx.
Any Additional Product Xxxx so approved by AstraZeneca shall be deemed to be a Trademark for purposes of this Agreement, and Prometheus hereby assigns to AstraZeneca any right, title and interest in and to such Additional Product Marks.
No Additional Product Xxxx shall be used in connection with the Promotion of the Product in the Territory unless and until AstraZeneca, in its sole discretion, approves such Additional Product Xxxx for use in connection with the Promotion of the Product in writing in advance.
In the event that Xxxx and/or Corium is involved in litigation in the United States regarding the validity and enforceability of any patents for the Product, Xxxx shall direct and control, and shall make commercially reasonable efforts to conduct to a successful conclusion, the litigation including, but not limited to, any settlement of all or part of such litigation.
Notwithstanding Section 16.9, any dispute, controversy or claim relating to the inventorship, scope, validity, enforceability or infringement of any Patents Covering the manufacture, use, importation, offer for sale or sale of Products or to any Product Xxxx shall be submitted to a court of competent jurisdiction in the country in which such patent or trademark rights were granted or arose.
Following the License Effective Date, BN shall assign to BMS all of BN’s rights, title, interests and goodwill in any such Product Marks previously obtained by BN where BMS has requested the assignment of such Product Xxxx to it.
Where Licensee reasonably believes the Product Xxxx is not appropriate for commercial use in a specific country, the Parties shall agree on an alternative product trademark for such country and such alternative product trademark shall be included in Product Xxxx.