Acucela Territory Sample Clauses

Acucela Territory. Subject to the terms and conditions of this Agreement, Acucela shall be responsible for all costs incurred by it with respect to Manufacture and Commercialization of Collaboration Products in the Field in the Acucela Territory.
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Acucela Territory. Subject to the terms and conditions of this Agreement, Acucela shall have the sole right and responsibility to control the Development, Manufacture and Commercialization of Collaboration Compounds and Collaboration Products in the Field in the Acucela Territory without the involvement of the JDC, the JCC or Otsuka except as specifically provided hereby, and shall use Commercially Reasonable Efforts to Commercialize Collaboration Products in the Field in the Acucela Territory. All Know-How pertaining to Development, Manufacture and Commercialization of Collaboration Compounds and Collaboration Products in the Field in the Shared Territory may be used by Acucela in the Acucela Territory in accordance with the licensed granted under Sections 9.2.1 and 9.2.4.
Acucela Territory. Subject to the terms and conditions of this Agreement, during the Option Period, Acucela shall be solely responsible for the development and manufacturing of Compound and Products in the Field in the Acucela Territory, and for preparing, filing and maintaining all regulatory filings (including INDs) with respect to Product in the Field in the Acucela Territory and complying with applicable regulatory reporting obligations with respect to Product in the Field in the Acucela Territory; in each case, at Acucela’s sole expense. Acucela shall conduct, or have conducted, all activities that it undertakes pursuant to this Section 3.2(a) in good scientific manner and in compliance with all Applicable Laws and, as applicable, GLP, GCP and/or GMP. Acucela shall be the named sponsor and holder of all INDs and other regulatory filings filed with Regulatory Authorities with respect to Product in the Acucela Territory during the Option Period.
Acucela Territory. From and after Acucela’s exercise of the Option, Acucela shall be solely responsible for the development, manufacturing, registration and commercialization of Compound and Products in the Field in the Acucela Territory. Without limiting the generality of the foregoing, Acucela (itself or with or through its Affiliates or Sublicensees) shall be solely responsible for preparing and submitting all required Regulatory Filings in connection with obtaining and maintaining Regulatory Approvals with respect to Compound and Products in the Field in the Acucela Territory, at Acucela’s sole expense. All of such Regulatory Filings and related Regulatory Documents relating to Compound or Products in the Field in the Acucela Territory shall be submitted in the name of, and owned by, Acucela (or its Affiliate or Sublicensee, as applicable).
Acucela Territory. YouHealth shall have the first right, but not the obligation, to prosecute and maintain any YouHealth Patents in the Acucela Territory at its sole cost and expense using counsel reasonably acceptable to Acucela. YouHealth and its outside patent counsel shall prepare proposed patent applications in close consultation with Acucela and its outside patent counsel. YouHealth shall consult with Acucela as to the preparation, filing, prosecution and maintenance of YouHealth Patents in the Acucela Territory reasonably prior to any deadline or action with any patent office, and shall furnish to Acucela copies of all relevant drafts and documents reasonably in advance of such consultation. YouHealth shall keep Acucela reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of YouHealth Patents in the Acucela Territory and shall provide to Acucela copies of all material patent office submissions within a reasonable amount of time following submission thereof by YouHealth. YouHealth shall consider the comments of Acucela in good faith. If YouHealth plans not to make any national phase filing of a YouHealth Patent in any country of the Acucela Territory or, if YouHealth desires to abandon or cease prosecution or maintenance of any YouHealth Patent in any country of the Acucela Territory, YouHealth shall provide written notice to Acucela of such intention promptly after YouHealth makes such determination (which notice shall be given no later than 90 days prior to the next deadline for any action that must be taken with respect to such YouHealth Patent in the relevant patent office), and Acucela shall have the right, but not the obligation, to assume responsibility for prosecution and maintenance of such YouHealth Patent at its sole cost and expense.
Acucela Territory. Each Party shall, within 10 days of learning of such event, inform the other Party of any request for, or filing or declaration of, any interference, opposition, invalidation, reissue or reexamination relating to YouHealth Patents in the Acucela Territory.
Acucela Territory. Acucela shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of a YouHealth Patent in the Acucela Territory, at Acucela’s own expense and by counsel of its own choice, and YouHealth shall have the right to be represented in any such action or proceeding, at YouHealth’s own expense and by counsel of its own choice. If Acucela fails to bring any such action or proceeding with respect to Competitive Infringement of any YouHealth Patent in the Acucela Territory within 90 days following the notice of alleged Competitive Infringement, YouHealth shall have the right to bring (or defend) and control any such action at its own expense and by counsel of its own choice, and Acucela shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.
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Acucela Territory. Acucela shall have the first right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Competitive Infringement of any Joint Patent in the Acucela Territory, at its own expense and by counsel of its own choice, and YouHealth shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Acucela fails to bring any such action or proceeding with respect to Competitive Infringement of any Joint Patent in the Acucela Territory within 90 days following the notice of alleged infringement, YouHealth shall have the right to bring (or defend) and control any such action at its own expense and by counsel of its own choice, and Acucela shall have the right, at its own expense, to be represented in any such action by counsel of its own choice; provided, however, that if the applicable Competitive Infringement is the result of a Party’s receipt of a Patent Certification with respect to a Joint Patent in the Acucela Territory, Acucela shall notify YouHealth of Acucela’s decision to bring (or defend) and control any action or proceeding within 10 days of Acucela’s receipt of such Patent Certification with respect to such Joint Patent, after which time YouHealth shall have the right to bring (or defend) and prosecute such action, and Acucela shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.

Related to Acucela Territory

  • Licensed Territory Worldwide NIH Patent License Agreement—Exclusive APPENDIX C – ROYALTIES Royalties:

  • Territory 43.1 This Agreement applies to the territory in which Verizon operates as an Incumbent Local Exchange Carrier in the Commonwealth of Pennsylvania. Verizon shall be obligated to provide Services under this Agreement only within this territory.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Commercialization Activities Within North America, the Parties will use Commercially Reasonable Efforts to Commercialize Licensed Products in the Field. In addition, within North America and subject to Section 2.7.6, the Parties will use Commercially Reasonable Efforts to conduct the Commercialization activities assigned to them pursuant to the Commercialization Plan/Budget, including the performance of detailing in accordance therewith. In conducting the Commercialization activities, the Parties will comply with all Applicable Laws, applicable industry professional standards and compliance policies of Celgene which have been previously furnished to Acceleron, as the same may be updated from time to time and provided to Acceleron. Neither Party shall make any claims or statements with respect to the Licensed Products that are not strictly consistent with the product labeling and the sales and marketing materials approved for use pursuant to the Commercialization Plan/Budget.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Commercialization Efforts The RECIPIENT shall, including whether through its own efforts or the efforts of a licensee under a License Agreement allowed by the terms of this Attachment, use diligent and commercially reasonable efforts to commercialize at least one Commercial Product or Commercial Service or otherwise bring to practical application the Project Results in accordance with the commercial development plan submitted with the Application and including any changes to such commercial development plan in accordance with Section D3.01. For the avoidance of doubt, partnering or licensing activities shall be considered to be efforts to commercialize.

  • Research Collaboration Upon FibroGen’s request, the Parties will discuss conducting a research program funded by AstraZeneca and directed toward franchise enhancement and lifecycle management for HIF Compounds or other topics that the Parties determine relevant to the Products and the Field. Upon agreement on the terms of such research program, the Parties will enter into a separate agreement or amend this Agreement accordingly.

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