Examples of Transferred Patent in a sentence
The parties hereto acknowledge and agree that this Patent Assignment is entered into pursuant to the Asset Transfer Agreement, to which reference is made for a further statement of the rights and obligations of Assignor and Assignee with respect to the Transferred Patent Assets.
Aradigm has not claimed a particular status, including “Small Entity Status,” in the application for any Registered Patent that is a Transferred Patent, which claim of status was not at the time made, or which has since become, inaccurate or false or that will no longer be true and accurate as of the Closing Date.
The Royalty Payments shall be payable during the period commencing on the date of the First Commercial Sale of the Product in a country until the expiration of the last to expire Valid Claim of a Transferred Patent or any other patent issued after the date hereof covering the use or sale of the applicable Product in such country (the “Product Patent Rights”) (such period being the “Royalty Term” for the Product in such country).
In addition, neither IncuMed nor, to the Knowledge of IncuMed, its Affiliates has entered into any agreement with any Person not to assert any charge of infringement of the Transferred Patent Rights or Durect Patent Rights against such Person, which would impact Otonomy’s ability to enforce the Transferred Patent Rights or Durect Patent Rights after the Closing.
There are no pending or, to the Knowledge of IncuMed, threatened claims (including interferences, oppositions and similar proceedings) challenging the Transferred Patent Rights or the Durect Intellectual Property nor has IncuMed or, to IncuMed’s Knowledge, its Affiliates received any “offer to license” letters from any Person inviting IncuMed or its Affiliates to license any Third Party Intellectual Property purported to cover Product.
To the Knowledge of IncuMed, there are no actions that must be taken by IncuMed or its Affiliates within ninety (90) days of the date of this Agreement, including the payment of any registration, maintenance or renewal fees or the filing of any responses to PTO office actions (or equivalent actions of any equivalent authority anywhere in the world), for the purposes of obtaining, maintaining, perfecting or preserving or renewing any Transferred Patent Right.
The Transferred Patent License Agreements constitute all Contracts under which the Seller or a Subsidiary has granted or received rights with respect to Patents that are used or held for use exclusively in the Business.
Neither IncuMed nor its Affiliates has transferred ownership of, or granted any license of or right to use, or authorized the retention of any rights to use any Transferred Patent Rights to any other Person.
One of IncuMed’s existing or prior Affiliates has a written Contract with each of its prior employees or contractors pursuant to which IncuMed or its Affiliate (as applicable) has obtained ownership of, and is the exclusive owner of the Transferred Patent Rights.
There are no other patents or patent applications currently owned by Seller or any of its Affiliates, or to which it had prior rights, that are pertinent to the subject matter of the Transferred Patent Assets, but that: (a) are not included in the Transferred Patent Assets being purchased by and assigned to Buyer pursuant to this Agreement; or (b) would interfere with the exercise by Buyer or its designees of the ownership and other rights being transferred pursuant to this Agreement.