Patent Disputes. Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the validity and enforceability of any patent in a country within the Territory (“Patent Matters”) shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such country. If such Dispute involves both Patent Matters and other matters, the arbitrators will have the right to stay the arbitration until determination of Patent Matters material to the resolution of the Dispute as to other matters is resolved.
Appears in 5 contracts
Samples: Collaboration and Option Agreement (OncoMed Pharmaceuticals Inc), License and Collaboration Agreement (Allergan Inc), Collaboration and Option Agreement (OncoMed Pharmaceuticals Inc)
Patent Disputes. Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the validity and enforceability of any patent in a country within the Territory Patent (“Patent Matters”) shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such countrycountry with a jury trial being however excluded. If such Dispute involves both Patent Matters and other matters, the arbitrators or experts as applicable will have the right to stay the arbitration until determination of Patent Matters material to the resolution of the Dispute as to other matters is resolved.
Appears in 3 contracts
Samples: License Agreement (Recursion Pharmaceuticals, Inc.), License Agreement (Recursion Pharmaceuticals, Inc.), License Agreement (Recursion Pharmaceuticals, Inc.)
Patent Disputes. Notwithstanding anything in this Agreement to the contrary, as between the Parties, any and all issues regarding the validity and enforceability of any patent in a country within the Territory (“Patent Matters”) shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such country. If such Dispute Disputed Matter involves both Patent Matters and other matters, the arbitrators will have the right to stay the arbitration until determination of Patent Matters material to the resolution of the Dispute as to other matters Disputed Matters is resolved.
Appears in 3 contracts
Samples: Collaboration Agreement (Momenta Pharmaceuticals Inc), Collaboration Agreement (Momenta Pharmaceuticals Inc), Collaboration Agreement (Momenta Pharmaceuticals Inc)
Patent Disputes. Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the validity and enforceability of any patent in a country within the Territory Patent (“Patent Matters”) shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such countrycountry with a jury trial being however excluded. If such Dispute involves both Patent Matters and other matters, the arbitrators or experts as applicable will have the right to stay the arbitration or expert determination until determination of Patent Matters material to the resolution of the Dispute as to other matters is resolved.
Appears in 3 contracts
Samples: License Agreement (Recursion Pharmaceuticals, Inc.), License Agreement (Recursion Pharmaceuticals, Inc.), License Agreement (Recursion Pharmaceuticals, Inc.)