Collaborator Patent Right definition

Collaborator Patent Right means any Patent Right that (a) is Controlled by Collaborator or any of its Affiliates as of the Effective Date (including the Collaborator Patent Rights listed in Exhibit B or comes into the Control of Collaborator or any of its Affiliates during the Term (other than through the grant of a license by Pfizer) and (b) claims or discloses any (i) Antibody or Product (including the composition of matter thereof), (ii) method of making any Antibody or Product or materials used in any method of making any Antibody or Product, or (iii) methods of using any Antibody or Product.
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Examples of Collaborator Patent Right in a sentence

  • Pfizer shall have the first right, but no obligation, to defend against any such action involving any Collaborator Patent Right, in its own name (to the extent permitted by applicable Law), and any such defense shall be at Pfizer’s expense, subject to Collaborator’s indemnification obligations under Section 10.

  • If Collaborator elects not to file a patent application included in the Collaborator Patent Rights in any Designated Country or elects to cease the prosecution or maintenance of any Collaborator Patent Right in any Designated Country, Collaborator shall provide Pfizer with written notice immediately, but not less than 30 days before any action is required, upon the decision to not file or continue the prosecution of such patent application or maintenance of such patent.

  • If Pfizer fails to defend against any such action involving a Collaborator Patent Right, then Collaborator shall have the right to defend such action, in its own name, and any such defense shall be at Collaborator’s expense.

  • Each Party shall promptly notify the other Party in the event of any legal or administrative action by any Third Party involving any Collaborator Patent Right of which it becomes aware, including any nullity, revocation, interference, reexamination or compulsory license proceeding.

  • In the case of a Collaborator Patent Right, Pfizer shall notify Collaborator at least ten (10) days prior to the date set forth by statute or regulation of its intent to exercise, or not exercise, this right.

  • Neither Party shall incur any liability to the other Party as a consequence of any litigation initiated or pursued pursuant to this Section 6.2.2(a) or any unfavorable decision resulting therefrom, including any decision holding any Collaborator Patent Right invalid or unenforceable.

  • Pfizer shall not, without the prior written consent of Collaborator, enter into any compromise or settlement relating to such litigation that (i) admits the invalidity or unenforceability of any Collaborator Patent Right or (ii) requires Pfizer to abandon any Collaborator Patent Right.

  • In such event, Collaborator shall permit Pfizer, in Pfizer’s sole discretion, to file or continue prosecution or maintenance of any such Collaborator Patent Right in such country on Collaborator’s behalf and at Pfizer’s expense.