Retained Patents means the claims of Patents owned or Licensable by AMD or any of its Affiliates (other than the Transferred Patents) that (a) without a license, would be infringed (or, with respect to patent applications, would be infringed if such patent application were to issue as a patent) by the design, development, use, manufacture, import, offer for sale, sale, maintenance, support or other disposal of any Current Business Product, Past Product or Roadmap Product or any Functional Block, including those Patents listed on Exhibit A, or (b) cover any of the Retained Technology; provided that, such Patents have a First Effective Filing Date on or before the Effective Date (including, for clarity, all continuations, continuations-in-part, divisionals, substitutions, reissues, reexaminations, and foreign counterparts that claim priority to any such Patents, regardless of when filed or issued).
Retained Patents means the provisional patent applications, patent applications, and patents listed on Schedule B, a copy of which is attached hereto, including any patents or patent applications to which the patents listed in Exhibit B to that certain Asset Purchase Agreement dated January 8, 2013 between Danotek ABC and Tecogen (the "Asset Purchase Agreement") form a basis for priority, or are co-owned applications that incorporate by reference, or are incorporated by reference into the patents or patent applications in the foregoing categories or reissues, reexaminations, extensions, continuations, continuations in part, continuing prosecution applications, requests for continuing examinations, divisions, and registrations of any item in any of the foregoing categories or foreign and multinational patents, patent applications and counterparts relating to any item in any of the foregoing categories, including, without limitation, certificates of invention and utility models; rights provided by multinational treaties or conventions for any item in any of the foregoing categories and any item in any of the foregoing categories, whether or not claims in any of the foregoing have been rejected, withdrawn, cancelled, or the like.
Retained Patents means the patents and patent applications owned by ADC or its Affiliates set forth on Exhibit A to this Agreement together with (a) the patents that issue from any such applications, (b) any U.S. or foreign patents and applications for patents (and the patents that issue from such applications) that are owned by ADC or its Affiliates and that claim priority from any of the foregoing patents or patent applications, (c) any divisionals, continuations, continuations-in-part, reissues, renewals, extensions, reexaminations, substitutions, patents of addition and certificates of correction of each of the foregoing, and (d) Know How related to the patents and patent applications owned by ADC or its Affiliates set forth on Exhibit A.
Examples of Retained Patents in a sentence
Following the Closing, Xxxxx will have the right, but not the obligation to prosecute, license, and enforce the Transferred Patents, and Seller will have the right, but not the obligation to prosecute, license, and enforce all Retained Patents.
Both Parties shall and hereby does, and shall cause its Designated Parties to, effective as of the effective date of termination of this Agreement in its entirety, grant the other Party, an exclusive license and right of reference, with the right to grant multiple tiers of sub-licenses and further rights of reference, in and to: (i) the Retained Inventions, (ii) Retained Patents, (iii) such Parties rights in and to the foregoing, on the agreed conditions.
No rights or licenses are granted under this Agreement with respect to the Retained Patents.
As between the Parties, AstraZeneca shall own and retain all right, title and interest in and to all Retained Patents and without prejudice to Section 3.4 grants no right, title and interest in or to the Retained Patents to Flexion.
AstraZeneca shall not, and shall procure that its Affiliates, Collaborators, sub-licensees and assigns shall not, enforce any Retained Patents against Flexion, its Affiliates and Sublicensees in respect of any use by Flexion, its Affiliates, and Sublicensees to the extent only that the relevant use is solely for the purposes of exercising the rights granted at Section 3.1 above.
More Definitions of Retained Patents
Retained Patents means (a) all patent applications and patents identified as such and set forth in Schedule 1 hereto, and (b) any patent applications or patents not identified as such in Schedule 1 hereto that AstraZeneca or its Affiliates Control at any time during the term of this Agreement which are discovered by AstraZeneca or its Affiliates (and notified in writing by AstraZeneca to Flexion) or Flexion after the Effective Date which would restrict Flexion’s ability to exercise the licences granted to it pursuant to Section 3.1 (where Flexion notifies AstraZeneca in writing of Flexion’s discovery of such patent application or patent and AstraZeneca agrees in writing that such a patent application or patent should be covered by this definition), and (c) any Patents deriving from such patent applications or patents that AstraZeneca or its Affiliates Control at any time during the term of this Agreement that cover or claim the Compound in the Territory.
Retained Patents means all Patents owned or controlled by J&J as of the date immediately prior to the Separation Date other than the Transferred Patents. Notwithstanding the foregoing, any Know-How included in the Licensed J&J IP that becomes a patent after the Separation Date shall be deemed a Retained Patent.
Retained Patents means the Patents that are the subject of the agreement listed in the attached Retained Patent Schedule.
Retained Patents means Patents (other than the Transferred Patents), including any and all related foreign counterpart patents and patent applications, that are owned by, or licensed to, any of the Marconi Entities and are licensable to the Purchaser and its Affiliates by a Marconi Entity (but excluding the OPPS Patents and the rights licensed to the Parent, the Seller or any of their Affiliates under the Global Patent Licenses), and
Retained Patents means patents listed on Schedule IV.
Retained Patents means all Lexar Patents except the Transferred Patents, including, without limitation, the patents and patent applications listed on Exhibit G.
Retained Patents means all Lexar Patents that Lexar owns or controls as of the Effective Date (the “Pre-existing Patents”), and any other Patents which are counterparts, continuations, divisionals, continuations in part, reissues, or reexaminations of any of the Pre-existing Patents, and all Patents entitled to claim a priority date from any of the foregoing, which Micron or any of its Subsidiaries now or in the future owns or controls, or as to which Micron or any of its Subsidiaries has the right to grant licenses or accord freedom from suit, including without limitation the patents and patent applications listed on Exhibit C.