Schering Patent Rights means (i) all existing patents and patent applications owned or controlled in whole or in part by SPL or its Affiliates as of the Effective Date (including, without limitation, those which claim the synthesis or composition of matter of a Lead Compound or Derivative Compound, or the method of use thereof, or which relate to any Target or any assay provided by SPL for use in the Collaboration or the corresponding Targets for such assays), (ii) all patents and patent applications claiming any invention or discovery made by or behalf of SPL or its Affiliates, other than in performance of the Collaboration, in connection with the discovery and/or development of any Agreement Compounds and/or Schering Compounds, and/or the development and commercialization of any Agreement Product, and (iii) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in (i) or (ii) above, and any substitutions, confirmations, registrations, revalidations, or additions of any of the foregoing.
Schering Patent Rights means any and all patents and patent applications (which for the purposes of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention) which during the term of this Agreement are owned by SPL (and/or any of its Affiliates), or to which SPL (and/or any of its Affiliates) through license or otherwise acquires rights, which have claims covering: (i) Selected Compounds, Derivative Compounds, Designated Compounds or Licensed Products, or the manufacture or use of any of the foregoing; (ii) the Targets; or (iii) Schering Inventions (as defined in Section 3.5(a)) or Joint Inventions (as defined in Section 3.5(b)), as well as all divisionals, continuations, continuations-in-part, reissues, re-examinations, extensions, renewals, registrations, supplementary protection certificates and/or foreign counterparts of any of the foregoing which are owned or controlled by SPL and its Affiliates during the term of this Agreement.
Schering Patent Rights means the United States and foreign patents and patent applications identified on EXHIBIT C hereto, and any division, continuation or continuation-in-part thereof, any foreign patent applications corresponding to any such patent applications and any United States or foreign patents or the equivalent thereof issuing thereon or any reissue, reexamination or extension thereof, in each case relating to MS-325 or corresponding Licensed Products for use in the Field. EXHIBIT C will be updated from time to time to add any future patents and patent applications, divisions, continuations or continuations-in-part thereof, owned by or licensed to Schering (with the right to grant sublicenses) claiming Schering Program Technology or subject matter which is necessary for or useful in the development, manufacture, use, sale, import or export of Compound MS-325 and/or Licensed Products in the Territory for use in the Field.
Examples of Schering Patent Rights in a sentence
Each party shall promptly notify the other of its knowledge of any actual or potential infringement of the NeoGenesis Patent Rights, the Schering Patent Rights or any Joint Inventions.
SPL shall be solely responsible for the defense and enforcement of Schering Know-How and Schering Patent Rights.
Upon request, and at Schering's expense, NeoGenesis will provide Schering with reasonable assistance to prepare, file, prosecute, maintain and defend the Schering Patent Rights, and will take all steps necessary to enable Schering to perfect its rights and title to the Schering Patent Rights with respect to any Schering Inventions.
The foregoing notwithstanding, if Schering determines not to prosecute an alleged infringement of the Schering Patent Rights covering Schering Program Technology which is a process, method, use, modification, derivative or formulation of Compound MS-325, then EPIX shall have the right to prosecute the alleged infringement in its sole discretion and at its sole expense, and if EPIX is successful in prosecuting such infringement, any recovery will belong to EPIX.
Schering agrees that it will not abandon the prosecution of any commercially viable patent application included within the Schering Patent Rights, except in favor of another patent filing of Schering, nor shall it fail to make any payment or fail to take any other action necessary to maintain any commercially viable patent under the Schering Patent Rights.
More Definitions of Schering Patent Rights
Schering Patent Rights means Schering's rights in all patents (including inventors' certificates, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of a patent, and any substitutions, confirmations, registrations or additions of or to any of the foregoing) issuing from any application (including any provisionals, divisionals, continuations and continuations-in-part) filed to protect Schering Inventions or Schering's interest in Joint Inventions.
Schering Patent Rights means (i) all existing patents ---------------------- and patent applications owned or controlled in whole or in part by Schering or its Affiliates as of the Effective Date (including, without limitation, those which claim the synthesis or composition of matter of an Active Compound, or the method of use thereof, or which relate to any Target or any assay provided by Schering for use in the Collaboration or the corresponding Targets for such assays), (ii) all patents and patent applications claiming any invention or discovery made by or behalf of Schering or its Affiliates, other than in performance of the Collaboration, in connection with the discovery and/or development of any Agreement Compounds and/or Schering Compounds, and/or the development and commercialization of any Product, and (iii) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in (i) or (ii) above, and any substitutions, confirmations, registrations, revalidations, or additions of any of the foregoing.
Schering Patent Rights means the Patent Rights, Controlled by XXXXXXXX and having claims covering SCHERING Know-How, which are already in existence prior to the Effective Date, as identified on Exhibit 1.49 hereto or filed thereafter.
Schering Patent Rights means all Patent Rights claiming Schering Technology, including without limitation the Patent Rights listed on Exhibit 1.42 attached hereto.
Schering Patent Rights means Patent Rights as defined above in which SCHERING, or its Affiliate, holds all rights, title and interest. In Article 1, new Paragraphs (s) and (t) shall be added to read in their entirety as follows:
Schering Patent Rights. Schering Patent Rights means the right granted by any Governmental Authority under a Patent (as defined below) which Covers the Licensed Product or a method, apparatus, material or manufacture useful in the development, manufacture, use or sale of the Licensed Product, which Patent is Controlled by Schering. For purposes of this Section 1.70, "Patent" means (a) unexpired letters patent (including inventor's certificates) which have not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal can be taken or has been taken within the required time period, including without limitation any substitution, extension, registration, confirmation, reissue, re-examination, renewal or any like filing thereof and (b) pending applications for letters patent, including without limitation any continuation, division or continuation-in-part thereof and any provisional applications.
Schering Patent Rights means the right granted by any Governmental Authority under a Patent (as defined below) which Covers the Licensed Product or a method, apparatus, material or manufacture useful in the development, manufacture, use or sale of the Licensed Product, which Patent is Controlled by Schering. For purposes of this Section 1.70, "Patent" means (a) unexpired letters patent (including inventor's certificates) which have not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal can be taken or has been taken within the required time period, including without limitation any substitution, extension, registration, confirmation, reissue, re-examination, renewal or any like filing thereof and (b) pending applications for letters patent, including without limitation any continuation, division or continuation-in-part thereof and any provisional applications.