ViroPharma Patents definition

ViroPharma Patents means any Patent that claims or covers (a) any ViroPharma Improvement or (b) any other Improvement that is conceived or reduced to practice, or that is otherwise Controlled (other than by virtue of the licenses granted hereunder), by or on behalf of ViroPharma, its Sublicensees or any of its or their respective Affiliates under or in connection with the research, development, commercialization or other Exploitation of the Licensed Products and, in either case ((a) or (b)), is reasonably commercially relevant to the Exploitation of Licensed Products.
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ViroPharma Patents means all United States and foreign patents and patent applications, including divisions, continuations, continuations-in-part, additions, renewals, extensions, re- examinations and reissues of all such patents and patent applications, that are owned or licensed by ViroPharma.
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ViroPharma Patents means any and all U.S. Patents owned or Controlled by ViroPharma on the Effective Date covering any VP Compound or VP Product other than SaSy Patents and IWP Patents, which ViroPharma Patents are listed in Exhibit 1.100, and any other Patents owned or Controlled by ViroPharma covering ViroPharma Know-How other than SaSy Patents and IWP Patents.
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Examples of ViroPharma Patents in a sentence

  • 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.

  • 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).

  • 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 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.

  • ViroPharma represents and warrants that, to its knowledge, the ViroPharma Know-How, ViroPharma Patents, or ViroPharma trademarks related to this Agreement do not involve the misappropriation of any trade secrets or the infringement of any valid patents, copyrights, trademarks, or any other intellectual property rights of any other Persons.

  • 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.

  • 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.

  • 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 make adequate filings for and prosecute and maintain all ViroPharma Patents and related applications in the Territory, if any, unless ViroPharma and Aventis mutually determine that any such ViroPharma Patent or related application is not material to the matters contemplated in this Agreement.

  • ViroPharma and Aventis shall mutually agree before ViroPharma abandons any ViroPharma Patents or related applications that relate to the matters contemplated in this Agreement.


More Definitions of ViroPharma Patents

ViroPharma Patents with respect to a Product, means rights under all ViroPharma owned patents (including all reissues, extensions, substitutions, confirmations, re-registrations, re-examinations, re-validations, patents of addition, Supplementary Protection Certificates or the equivalents thereof) and patent applications (including, without limitation, all continuations, continuations-in-part and divisional), in each case, claiming an invention which is necessary or desirable for the design, development, testing, manufacture and sale of such Product; and those patents and patent applications as described above of third parties under which ViroPharma has a right to have Product or API made, in each case, claiming an invention which is necessary or desirable for the design, development, testing, manufacture and sale of such Product.
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Related to ViroPharma Patents

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Existing Patents has the meaning set forth in Section 10.2.1.

  • Licensed Compounds means: (a) Research Program Active Compounds; (b) Novartis Active Compounds; (c) salts, hydrates, solvates, esters, metabolites, intermediates, stereoisomers and polymorphs of Research Program Active Compounds or Novartis Active Compounds; and (d) prodrugs of Research Program Active Compounds or Novartis Active Compounds (any of the foregoing, a “Licensed Compound”).

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Product Technology means the Product Know-How and Product Patents.

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Licensed Technology means the Licensed Patents and the Licensed Know-How.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.