Examples of ViroPharma Patents in a sentence
With respect to the ViroPharma Patents, ViroPharma shall have the first right, but not the obligation, through counsel reasonably acceptable to INS, to respond to such defense or defend against such counterclaim (as applicable) and, if INS is pursuing the applicable infringement action under Section 7.3, INS shall allow ViroPharma to control such response or defense (as applicable).
With respect to the ViroPharma Patents, ViroPharma (or its Sublicensees or any of its or their respective Affiliates) shall have the first right, but not the obligation, through counsel reasonably acceptable to INS, to defend against such action or claim.
ViroPharma shall have the first right, but not the obligation, through counsel reasonably acceptable to INS, to control the prosecution of any infringement described in Section 7.3.1 relating to the ViroPharma Patents or, subject to the provisions of this Section 7.3.3, to grant the infringing Third Party adequate rights and licenses necessary for continuing such activities.
ViroPharma and Aventis shall mutually agree before ViroPharma abandons any ViroPharma Patents or related applications that relate to the matters contemplated in this Agreement.
ViroPharma shall remain the sole and exclusive owner of the ViroPharma Patents and all Information, copyrights, and trademarks owned or Controlled by ViroPharma at the Effective Date, subject to the rights granted hereunder.
If the Parties cannot agree on the terms under which GSK shall have the right to use the ViroPharma Development data and the ViroPharma Patents and Know-How pursuant to Section 2.4 above, the matter shall be submitted to arbitration.
For purpose of clarity, GSK shall not have the right to use the ViroPharma Development Data or ViroPharma Patents and Know-How for the development and commercialization of a Product (or of any other product) in the Territory.
ViroPharma shall file all applications and take any other actions necessary to obtain patent extensions and supplementary protection certificates for ViroPharma Patents where available in the Territory unless ViroPharma and Aventis mutually determine that any such ViroPharma Patent or application is not material to the matters contemplated by this Agreement.
ViroPharma shall have the sole right and responsibility to file, prosecute and maintain the ViroPharma Patents, and to file Patents on ViroPharma Inventions, and shall bear all expenses associated therewith.
ViroPharma hereby grants to OSG a non-exclusive, world-wide, royalty-free license (with a right to sublicense) under the New Inventions, provided that OSG shall not use any ViroPharma Know-How, ViroPharma Patents or New Inventions to develop, make, have made, use, offer to sell, sell or import a product which is competitive with any Product manufactured under this Agreement including any Project Agreement.