Covered by as used herein, means LICENSED PRODUCTS that when made, used, or sold or LICENSED METHODS that when practiced would constitute, but for the license granted to LICENSEE pursuant to this Agreement, an infringement of any claim or claims of LICENSOR’S PATENT RIGHTS.
Covered by or “Covers” means, with respect to a Patent, that the research, development, sale, offer for sale, manufacture, having manufactured, use, export, or import of a composition of matter or other material or practice of a claimed method would, but for ownership of, or a license granted in this Agreement under, the relevant Patent, infringe an issued Valid Claim, or a pending Valid Claim if a Patent containing such pending Valid Claim were to issue, of such Patent.
Covered by or “Cover” or the like, means, with respect to a given Product in a given country, that [**] is claimed by a Valid Claim in such country and such Valid Claim would be infringed by the sale of such Product in such country but for the licenses granted to Merck hereunder; provided, that [**] for which [**] has been [**], and [**] is actually [**].
Covered by as used herein, means any Licensed Products which, when made, used, practiced, or sold would, but for the license granted to AVT pursuant to this Agreement, constitute an infringement of any valid claim or claims in any granted, unexpired, or judicially-validated claim or claims of NYMC's Patent Rights or of any pending claim in any then-pending but unissued patent application.
Covered by or “Cover,” or the like, means, with respect to a given Licensed Product (or Subsequent Product, or Reversion Product, as applicable), that the [*] Licensed Product (or Subsequent Product, or Reversion Product, as applicable) (including the Licensed Compound (or Subsequent Compound, or Reversion Compound, as applicable) contained therein) is claimed by a Valid Claim.
Covered by or “Covers,” or the like, means, with respect to a given Collaboration Product or Collaboration Construct, that the manufacture, use, sale, offer for sale, import or other Exploitation of such Collaboration Product or Collaboration Construct, but for ownership of, or a license granted in this Agreement under, a relevant Patent would infringe a Valid Claim of such Patent in the relevant country on the relevant date. The Parties acknowledge and agree that the defined term “Covers” is solely used in Section 10.9.3 and undefined use of “cover” throughout is intentional.
Covered by when used in the context that a product is covered by a subsisting claim or a claim asserted in good faith means that the product PER SE, the method of manufacture of such product, or the customarily intended use of such product must, when such product is sold or manufactured, constitute (but for the licences herein granted) an infringement of: