Xxxxx Patents definition

Xxxxx Patents means all patent applications and issued patents (including all continuations, CIPs, continued prosecution and divisions thereof, reissues, renewals, extensions, substitutions, reexaminations, supplementary protection certificates, pediatric exclusivity periods and the like, of any such patents and patent applications, and foreign equivalents thereof) owned or Controlled by Xxxxx and its Affiliates [***], that are reasonably necessary or useful for the Exploitation of Natural Products.

Xxxxx Patents means any and all patents (other than Program Patents), both foreign and domestic, that have not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal has been or can be taken, including without limitation all extensions, reissues, renewals, reexaminations, supplementary protection certificates and inventors' certificates, (a) that (i) are issued as of the Effective Date, (ii) subsequently issue from applications (including substitutions, divisionals, continuations and continuations-in-part) pending as of the Effective Date or (iii) issue from any such applications subsequently filed on inventions made as of the Effective Date, (b) that Xxxxx owns, controls or to which it has a license (with the right to sublicense), during the term of this Agreement and (c) that would be infringed by the conduct of the Research Program or the development, manufacture, use or sale of Program Products.

Xxxxx Patents means the Patents set forth on Exhibit A hereto, together with any Patents included in the Xxxxx Improvements.

Examples of Xxxxx Patents in a sentence

• Xxxxxx Xxxxx shall consider in good faith the requests and suggestions of Cypress with respect to strategies for prosecuting the Xxxxxx Xxxxx Patents in the Licensed Territory.

• If Cypress assumes responsibility for any Xxxxxx Xxxxx Patent, such Patent shall be assigned to Cypress and shall no longer be included in the Xxxxxx Xxxxx Patents subject to this Agreement.

• Provision is made in the Collaboration Agreement for the ownership, filing, prosecution and maintenance of Patents, Tularik Patents and Xxxxx Patents and such matters shall be governed thereby.

• If either Party receives any information indicating or otherwise determines that the Xxxxx Patents may be invalid or unenforceable, anywhere in the Territory, the Party receiving the information or otherwise making that determination will give the other Party prompt written notice of such information.

• In any infringement suit which Xxxxx may institute to enforce the Xxxxx Patents under this Agreement, OpenBiome shall reasonably cooperate in all respects, at Xxxxx’x expense (including the cost and expense of counsel) when reasonably requested by Xxxxx, including having its employees testify when requested, making available relevant records, papers, information, samples, specimens and the like, but only to the extent necessary for such enforcement action.

More Definitions of Xxxxx Patents

Xxxxx Patents will mean all Patents Controlled by Xxxxx or any of its Affiliates, containing a Valid Claim Covering any Research Candidates or Licensed Products, and necessary or useful to discover and Develop preclinically Research Candidates or to Develop and Commercialize the Lead Candidate, Licensed Products and Companion Diagnostics. For clarity, Xxxxx Patents will include (i) Patents for occupancy probes for the Targets and (ii) if applicable, Xxxxx’x interest in Patents within its Sole Collaboration Program IP and within the Joint Collaboration Program IP, including Patents constituting Xxxxx Owned IP. The Xxxxx Patents in existence as of the Effective Date are set forth on Exhibit 1.7.

Xxxxx Patents means any patent that issues on the Xxxxx Application and any other United States patent that currently or in the future claims and is entitled to the benefit of priority to Application No. 07/872,707.

Xxxxx Patents means the Patents identified on Schedule C.

Xxxxx Patents means the patents licensed from Evans to WGT under txx xxcense agreement dated August 8, 1996, as axxxxxd and restated on or about the date hereof.

Xxxxx Patents means U.S. Patent 4,704,116, U.S. Patent 4,846,823, U.S. Patent 5,413,570, U.S. Patent 5,415,644 and U.S. Patent 5,599,338 and/or any U.S. continuations, continuations-in-part, divisions, extensions, reissues and reexaminations thereof; and any U.S. patent issued pursuant to U.S. Patent Application Serial No. 437,358 dated 05/09/1995, and/or any U.S. continuations, divisions, continuations in-part, extensions, reissues, and reexaminations of the Serial No. 437,358 application; and any counterpart patent applications and patents issued in Canada.

Xxxxx Patents means all patents and patent applications throughout the world claiming priority of U.S. Serial No. 772,893, filed September 5, 1985, and any, renewals, reexaminations, continuations, continuations-in-part, divisions, patents of addition, extensions, and/or reissues of any of these patents and patent applications, except that Xxxxx Patents shall not include US Patent Nos. 5,336,489 issued August 9, 1994, 5,510,105 issued April 23, 1996, 5,587,162 issued December 24, 1996 or 5,607,675 issued March 4, 1997. Xxxxx Patents shall include without limitation those patents and patent applications listed on the attached Exhibit A.

Xxxxx Patents as used in this Agreement shall mean U.S. Patent No. Re. 35,841 to Xxxxx et al., issued July 7, 1998, and any and all U.S. and foreign patent rights claiming priority from the application for that patent or U.S. Patent No. 5,203,775 to Xxxxx et al., issued April 20, 1992, any and all U.S. and foreign patent rights claiming priority from an application from which the application for U.S. Patent No. Re. 35,841 or U.S. Patent No. 5,203,775 claims priority, and any counterpart or corresponding U.S. or foreign patent rights to any of the foregoing and any reissues or reexaminations thereof.