Examples of Xxxxxxx Patent in a sentence
No. X-000-0000/0-XX-00); Xxxxxxx Patent Application No. 04011673.3 (now Ireland Patent No. 1447414) (HHS Ref.
The term of this Agreement (the “Term”) will commence on the Effective Date and, subject to earlier termination in accordance herewith, shall expire on the last to occur of: (a) the expiry of the last-to-expire patent term, or conclusion of Prosecution of the last-to-be-Prosecuted, of the Xxxxxxx Patent Rights; or (b) the expiration of the last-to-expire Royalty Term.
If Xxxxxxx has not licensed a Third Party rights under the Xxxxxxx IP to any Compound or Products for use outside the Field by the time that Company Marketing Authorization for a Product in the Field in a given country, Company shall have the sole right to determine, if applicable, which of the Xxxxxxx Patent Rights the Parties will attempt to extend.
Xxxxxxx grants to ACI a worldwide non-exclusive license under Xxxxxxx Patent Rights and Xxxxxxx Know-How, including rights licensed to Xxxxxxx by ACI under section 7.1, for ACI to conduct: (i) Research activities in accordance with the Research Plan, and (ii) Development and CMC activities in accordance with sections 6.1 and 6.4.
Xxxxxxx has the right but not the obligation to initiate and prosecute any such legal action at its own expense and in the name of ACI and Xxxxxxx (or just ACI or just Xxxxxxx if the laws of the jurisdiction so dictate), or to control the defense of any declaratory judgment action relating to such ACI Patent Rights, Xxxxxxx Patent Rights, Joint Patent Rights, ACI Know-How or Xxxxxxx Know-How.
Effective upon the assignment of any Assigned Product-Specific Patent and Assigned Product-Specific Know-How, such Patent will become a Xxxxxxx Patent (and will no longer be a Morphic Patent) and such Know-How will become Xxxxxxx Know-How (and will no longer be Morphic Know-How), but such Patent will remain a Product-Specific Patent for so long as such Patent satisfies the definition thereof with respect to the applicable Research Program and Product.
Xxxxxxx will have the right to control the Prosecution of the Xxxxxxx Patent Rights, using outside patent counsel directed by Xxxxxxx, provided that Company shall have the right to review and comment on drafts of substantive patent submissions prior to their filing in Patent Offices.
The Party conducting any such action under this Section 8.3 shall have full control over the conduct of an action under this Section 8.3, including settlement thereof; provided, however, that in no event shall either Party, through any such action, enter into any settlement arrangement or make any admission of invalidity of, or otherwise impair the other Party’s rights in any Xxxxxxx Patent Rights without the other Party’s prior written consent.
At the request and expense of the Party controlling a Third Party Infringement action with respect to Xxxxxxx Patent Rights, the other Party shall provide reasonable assistance in connection with such Third Party Infringement action, including by executing any required documents, participating in discovery (including producing documentation and providing access to employees or relevant persons), and joining as a party to the action if required.
Xxxxxxx shall promptly inform ACI if it elects not to exercise that right with respect to ACI Patent Rights, Xxxxxxx Patent Rights or Joint Patent Rights and ACI Know-How and Xxxxxxx Know-How and ACI shall thereafter have the right at its sole cost to either initiate and prosecute such action or to control the defense of such declaratory judgment action in the name of Xxxxxxx and, if necessary, ACI.