Third Party Patent definition

Third Party Patent means any Patents that Medarex or any of its Affiliates Control pursuant to the Biosite Agreement, the Kirin Agreement or any other agreement with a Third Party that is entered into after the Effective Date.

Third Party Patent means any Patent owned or controlled by a Third Party.

Third Party Patent means any patent or patent application belonging to a party unconnected with any party to this Agreement with a priority date on or prior to the Effective Date.

Examples of Third Party Patent in a sentence

• If the Parties cannot agree on a particular action with respect to the Prosecution and Maintenance of the [***], then either Party may refer such dispute to an Independent Third Party Patent Counsel for resolution in accordance with the Patent Resolution Procedures.

• Each Party agrees to bring to the attention of the other Party any Third Party Patent it discovers, or has discovered, and which relates to the subject matter of this Agreement.

• If the Parties cannot agree on a particular action with respect to the Prosecution and Maintenance of such [***], then either Party may refer such dispute to an Independent Third Party Patent Counsel for resolution in accordance with the Patent Resolution Procedures.

• Roche did not perform an exhaustive and final search for Third Party Patent Rights or an evaluation thereof for Compound and technologies relevant under this Agreement.

• The Parties shall discuss what commercially appropriate steps, if any, to take to avoid infringement or misappropriation of said Third Party Patent Right or other right controlled by such Third Party in the Territory.

More Definitions of Third Party Patent

Third Party Patent means a Patent owned or controlled by a Third Party.

Third Party Patent has the meaning given to such term in Section 17.2(c).

Third Party Patent has the meaning set forth in Section 9.5(b)(i) (Third Party Intellectual Property Rights).

Third Party Patent. Rights shall mean rights that are owned or controlled by a Third Party and conferred or represented by a granted or issued patent in force, or such like rights related to a patent application and any divisionals, continuations, continuations-in-part, provisionals, substitutions, patents of addition, reissues, extensions, re-examinations or renewal applications related to, or claiming priority to, the foregoing (including any supplemental patent certificates) or any confirmation patent or registration patent and all patents issuing and all foreign counterparts of any of the foregoing.

Third Party Patent means a patent issued, not subject to a final, non-appealable adverse decision resulting from reexamination or any final, non-appealable court decision of invalidity, as of the Closing, excluding patents that are: (x) the subject of non-infringement opinions of outside counsel that (i) are dated as of or prior to October 25, 2007; (ii) were delivered or made available in writing to Buyers or their counsel on or prior to November 25, 2007; and (iii) are signed as of or prior to the date of this Agreement, or, with respect to opinions that are unsigned as of the date of this Agreement, signed before the Closing Date; or (y) owned, licensed or controlled by Buyers or their affiliates.

Third Party Patent means (a) a claim within an issued and unexpired patent that has not been abandoned, held invalid, revoked, held or rendered unenforceable or lost through interference, or (b) a pending claim of a pending patent application that (i) has been asserted and continues to be prosecuted in good faith, (ii) has not been abandoned or finally rejected without the possibility of appeal or refiling and (iii) has not been pending for more than [***] years from the date of the first substantive office action from the relevant patent office for the applicable patent family, which such claim Licensee believes in good faith would (absent a license granted to Licensee) be infringed by Licensee’s making, using, selling, offering for sale or importing of a Covered Product.

Third Party Patent means a Patent owned or controlled by a Third Party that (a) Covers the Idenix Compound, and the 435 Compound and/or the 055 Compound or (b) does not cover any of the Idenix Compound, the 435 Compound and the 055 Compound, but otherwise covers the conduct of the Collaboration Trials under this Agreement.