Third Party Patents definition

Third Party Patents means, with respect to any Third Party, any and all issued patents and pending patent applications as of the date of this Agreement, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, and renewals, all letters patent granted thereon, and all patents-of-addition, reissues, reexaminations and extensions or restorations by existing or future extension or restoration mechanisms (including regulatory extensions), and all supplementary protection certificates, together with any foreign counterparts thereof anywhere in the world, of such Third Party.

Third Party Patents means (i) the CNRS Lupuzor Patents and any and all other Patents Controlled by ImmuPharma on or after the Effective Date that relate to the Licensed Molecules or the Licensed Product and only to the extent that they relate to the Licensed Molecules and the Licensed Product, including any and all Patents added to the Licensed Patents pursuant to Clause 20.6 of the Development and Commercialization Agreement, but not including the ImmuPharma Patents, (ii) any patents Controlled by ImmuPharma which claim priority to such patents and (iii) any patents which would be infringed by the manufacture, use or sale of the Licensed Molecules or the Licensed Product which are Controlled by ImmuPharma.

Third Party Patents means all Third Party Patents licensed by 3Com or any Subsidiary of 3Com that, as of the Effective Date, may be sublicensed to Palm (e.g., because Palm is a Subsidiary of 3Com) under the terms of this Agreement without the requirement to pay a royalty or other consideration to a Third Party (unless 3Com has the right to grant such a sublicense to Palm on payment of a royalty and Palm agrees to pay such royalty to such Third Party).

Examples of Third Party Patents in a sentence

• Without limitation of ALVOTECH’s responsibility (as stated in this Article 11.4) for Freedom to Launch and, if required pursuant to Article 11.3, Additional Indication Freedom to Launch, the Parties will discuss issues relating to Third Party Patents in order to try and reach an agreed opinion as to when it is reasonable to Launch the Products without incurring a material risk of a successful infringement challenge under any Third Party Patent.

• If the Development, Manufacture or Commercialization of the Product in the Field results in any Claim against Licensee, its Affiliates or Sublicensees, alleging infringement or misappropriation of Third Party Patents or Know-How, then Licensee shall defend any such Claim and be responsible for all damages incurred as a result thereof, unless such Claim is subject to indemnification by Bayer pursuant to Section 11.1 or the CMC Development, Manufacture and Supply Agreement.

• Upon mutual agreement, the Parties may seek to obtain a license or right under one or more Third Party Patents covering any Product in the Territory in order to avoid infringement.

• The intellectual property subcommittee, in consultation with the Parties’ patent departments, will decide whether and how to participate in Patent oppositions and undertake activities intended to invalidate Third Party Patents when necessary; provided that in the event the intellectual property subcommittee is unable to make such decision due to a deadlock, each Party shall have final decision-making authority for decisions exclusively related to its solely owned Patents.

• The Parties shall meet regularly throughout the Term of this Development Agreement to determine whether or not licenses to Third Party Patents are needed to perform or continue to perform the Work Plan and the next steps if such licenses are needed.

More Definitions of Third Party Patents

Third Party Patents means Third Party Patent Rights in the Field directly related to the Research Program or any Licensed Product that are in-licensed by Penn pursuant to Section 2.2.7 during the Research Term, to the extent Controlled by Penn and added to the Agreement as Exhibit K. For clarity, Third Party Patent Rights under this Agreement does not include any Patent Rights that are jointly owned by Penn and a Third Party.

Third Party Patents means all patents and patent applications which are owned by a THIRD PARTY but controlled by SB or which SB otherwise has the right to grant licenses as of the EFFECTIVE DATE, which generically or specifically claim COMPOUND. Included within the definition of THIRD PARTY PATENTS are any continuations, continuations-in-part, divisions, patents of addition, reissues, renewals or extensions thereof. The current list of patent applications and patents encompassed within THIRD PARTY PATENTS (if any) is set forth in APPENDIX A attached hereto and incorporated herein.

Third Party Patents means all those patents owned by third parties and not developed in relation to the Space Segment as are set out in Attachment 1;

Third Party Patents means, with respect to a particular Third Party Agreement, all Necessary Patents that a Party in-licenses or acquires from the Licensor(s) under such Third Party Agreement. “[…***…] Patents” means all Patents licensed under the […***…] Agreement.

Third Party Patents means one or more valid and enforceable patents and/or pending patent applications (provided that such pending application has not extended beyond seven years from its earliest priority date) owned by one or more Third Parties that are licensed by Bayer and that Cover the manufacturing, use, sale, offer to sell, or importation of the Licensed Project Compound or Derivative in a Product.

Third Party Patents means the patents and patent applications in the name of Third Parties that may cover the Product and/or the Active Substance to the extent relevant for the Territory

Third Party Patents means, on a Sample-by-Sample basis, all issued Patents owned by Third Parties in the Sample Territory that cover (a) the composition of matter of such Sample or (b) any Covered Use, and that, in each of (a) and (b), were known to Codexis, or should have been known to Codexis after due inquiry, at the time Codexis transferred such Sample to Shell pursuant to Section 4.2(d).