Patents Licensed From Third Parties. Each Party’s rights under this Section 10.4 with respect to any Company Patent, Licensee Patent, or Joint Patent licensed to the other Party by a Third Party shall be subject to the rights of such Third Party to enforce such Patent and/or defend against any claims that such Patent is invalid or unenforceable.
Patents Licensed From Third Parties. If either Party licenses any Patent Rights from a Third Party and such Patent Rights qualify as Trubion Patent Rights or Facet Product Patent Rights, then each Party’s rights under this Section 10.5 with respect to such Patent Rights shall be subject to the rights of such Third Party to enforce such Patent Rights against infringers.
Patents Licensed From Third Parties. Each Party’s rights under this Section 9.5 with respect to any FibroGen Patent licensed from a Third Party shall be subject to the rights of such Third Party to enforce such FibroGen Patent and/or defend against any claims that such FibroGen Patent is invalid or unenforceable.
Patents Licensed From Third Parties. Each Party’s rights under this Article 10 with respect to the prosecution and enforcement of any Cytokinetics Patent that is licensed by Cytokinetics from a Third Party shall be subject to the rights of such Third Party to prosecute and enforce such Patent.
Patents Licensed From Third Parties. Each Party’s rights under Sections 6.2 and 6.4 with respect to any Licensed Patent that is licensed by Sangamo from a Third Party shall be subject to the rights retained by such Third Party. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Patents Licensed From Third Parties. Notwithstanding any provision of this Agreement to the contrary, each Party’s rights under this Article 11 with respect to the prosecution and enforcement of any Verastem Patent that is licensed from an Upstream Licensor to Verastem shall be subject to the prosecution and enforcement rights of such Upstream Licensor under the corresponding Upstream License Agreement.
Patents Licensed From Third Parties. Each Party’s rights under this Article 9 with respect to the prosecution and enforcement of any Intrexon Patent shall be subject to the rights: (a) retained by any Third Party licensor to prosecute and enforce such Patent Right, if such Intrexon Patent is subject to an upstream license agreement; and (b) granted to any Third Party prior to such Intrexon Patent becoming subject to the license grant under this Agreement. ZIOPHARM acknowledges and agrees that the intellectual property ownership and enforcement rights granted by Intrexon to ARES TRADING hereunder may include certain intellectual property that was the subject of the ZIOPHARM Agreement. ZIOPHARM further acknowledges and agrees that, to the extent the terms of this Agreement differ from those of the ZIOPHARM Agreement with respect to such intellectual property, the terms of this Agreement shall control.
Patents Licensed From Third Parties. Each Party’s rights under this Article 9 with respect to the prosecution, maintenance and enforcement of any MTI Patent that is licensed by MTI [***] prosecute, maintain and enforce such Patent.
Patents Licensed From Third Parties. BMS has had the opportunity to perform due diligence on the Existing Product Agreements and it accepts that the rights granted under this Agreement are subject to those agreements.
Patents Licensed From Third Parties. BMS’ rights under this Section 9.4 with respect to any Core Patent licensed to Alder by a Third Party shall be subject to the rights of such Third Party to enforce such Core Patent and/or defend against any claims that such Core Patent is invalid or unenforceable.
