The Patent Sample Clauses

The Patent. XXX Safety represents and warrants to Ironclad that, to the best of its knowledge, Attachment D constitutes a true and complete list of the manufacturers and catalogue styles of all gloves that it currently distributes, sells or offers for sale as of the date of the Agreement in Principle (the "Pipeline Gloves"). XXX Safety further represents and warrants to Ironclad that, to the best of its knowledge and other than certain non-engineered gloves made to specification for private label, all of the Pipeline Gloves are standard catalogue items of the respective manufacturers and that none of the Pipeline Gloves are specifically made as a “custom” style for distribution or sale by XXX Safety. Ironclad agrees that XXX Safety may continue to sell the Pipeline Gloves, irrespective of whether such Pipeline Gloves actually or allegedly infringe on the U.S. Patent No. 9,241,519 (filed Sept. 19, 2008) (the "Patent"). Further, Ironclad covenants not to xxx XXX Safety or its Affiliates (as defined below), or any of their respective directors, managers, officers, employees, agents, attorneys, representatives, successors or assigns, nor any customer or distributor with respect to those Pipeline Gloves purchased from XXX Safety, nor any of their respective directors, managers, officers, employees, agents, attorneys, representatives, successors or assigns (collectively, “Downstream Acquirors”), based on any alleged infringement of the Patent with as a result of the purchase or sale of any of the Pipeline Gloves. For the sake of clarity, nothing in this Agreement shall prevent Ironclad from suing any manufacturer, distributor or any other third party who distributes or sells any Pipeline Gloves to XXX Safety, and XXX Safety expressly agrees to cooperate with and provide reasonable assistance to Ironclad in connection with any such suit. To the extent Ironclad reasonably believes XXX Safety is selling or distributing any gloves other than the Pipeline Gloves that allegedly infringe the Patent, Ironclad shall provide XXX Safety at least sixty (60) days’ prior written notice before Ironclad files any litigation alleging infringement of the Patent against XXX Safety or any party Ironclad actually knows to be a Downstream Acquiror. Said notice shall provide a description of the basis of Ironclad’s assertions in reasonable detail, and provide XXX Safety the opportunity to cure any alleged infringement or to discontinue selling (and/or cause any such Downstream Acquiror the opport...
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The Patent. The invention in the P relates to an electronic cigarette and, in particular, to an aerosol electronic cigarette that contains nicotine but does not contain tar. The problems sought to be solved by the invention are not complicated and are expressed in these terms: [0006] The electronic cigarettes currently available on the market … are complicated in structure. Their cigarette bodies can be roughly divided into three sections, which have to be connected through via plugging or thread coupling before use. Also, their batteries have to be changed frequently, making it inconvenient for the users. What's worse, the electronic cigarettes don't provide the ideal aerosol effects, and their atomizing efficiency is not high. The P teaches a simple device to solve this problem and it seeks to provide good aerosol effects and atomising efficiency. The general configuration of the preferred embodiment of the P is shown in Figure 1. There are three main components: the battery assembly (3), the atomiser assembly (8, left part is coloured pink) and the liquid storage component (9, coloured yellow) in a shell (a, b). The liquid to be vaporised (for example, nicotine) is stored in the liquid storage component and this component is in liquid communication with the porous component of the atomiser assembly. When a person sucks on the device (at end b1) the pressure change causes the battery assembly to activate and provide power to the heating component in the atomiser assembly. This pressure change also causes air to flow into the device through air inlets (a1, coloured red) and towards the atomiser assembly where there is vaporisation of the liquid in the porous component by forced convection. The liquid lost by evaporation from the porous component is replaced by further liquid supplied by capillary flow from the liquid storage component. The vapour condenses within the shell to form an aerosol which is inhaled by the user. The aerosol is intended to simulate the smoke of a cigarette. The witnesses I heard expert evidence from Xxxxxxxxx Xxxxxxxxx on behalf of Fontem and Xx Xxx on behalf of Xxxxxxxx. Xxxxxxxxx Xxxxxxxxx is an academic. He trained as a chemical engineer and since 2007 has been a Senior Lecturer, Reader and, since 2014, Professor in the Engineering and Environment Department at the University of Southampton. He was appointed a Fellow of the Institute of Mechanical Engineers in 2011. Xx Xxx is a consultant engineer. He gained a first class degree in Enginee...
The Patent 

Related to The Patent

  • Licensed Patent Rights The term “Licensed Patent Rights” shall mean rights arising out of or resulting from:

  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

  • Licensed Patents Licensee shall be responsible for all further patent prosecution with respect to the Licensed Patents and Licensed Technologies set out in Exhibit “A”. Licensee may select the patent agent for the prosecution of the Licensed Patents, subject to the approval of Licensor as the patent owner, which approval will not be unreasonably withheld. Licensee shall provide Licensor with copies of all relevant documentation related to the filing and prosecution of the Licensed Patents so that Licensor may be informed and apprised of and meaningfully consulted as to the continuing prosecution. Licensor shall keep all such documentation confidential. In the event the Licensee does not agree that any given patent application or patent should be filed, prosecuted or maintained (hereinafter referred to as a “Refused Licensed Patent”) in a particular jurisdiction(s) Licensee shall indicate such disagreement in writing (hereinafter “Refusal Notice”) and upon Licensor’s receipt of such Refusal Notice Licensor shall have the right unilaterally to make, prosecute and maintain such Refused Licensed * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission Patent in such jurisdiction(s) in the name of its owners, at Licensor’s expense, and Licensee shall not have any rights or obligations to such Refused Licensed Patent in such jurisdiction(s); provided, however, that Licensee shall retain all of its ownership rights in any Refused Licensed Patent that is a Co-Owned Technology. In such case Licensor shall provide Licensee with copies of all relevant documentation related to the filing and prosecution of the Refused Licensed Patents so that Licensee may be informed and apprised of and be meaningfully consulted with as to the continuing prosecution. Licensor shall have no obligation to continue prosecution or maintenance of any Refused Licensed Patent and may abandon same without any prior notice or any obligation to Licensee. Both Licensee and Licensor shall make best efforts to respond promptly to any request from the other Party for input or assistance with respect to matters pertaining to the Licensed Patents. Licensee shall use reasonable efforts to amend any patent application to include claims reasonably requested by the other Party and required to protect the Licensed Technology. In addition to Licensee’s obligations pursuant to section 4.1 above, Licensee shall be solely responsible for all patent and legal costs relating to the Licensed Patents and Licensed Technology (excluding Refused Licensed Patents) from the Effective Date onward, including all costs relating to the transfer of the Licensed Patents to the new patent agents selected by Licensee and approved by Licensor. For any patent and legal costs relating to the Licensed Patents and Licensed Technology (excluding Refused Licensed Patents) paid by Licensor after the Effective Date (including, without limitation, those expenses related to patentability assessments and drafting, filing, prosecution, maintenance, and taxes (the “Patent Costs”)), Licensee shall promptly reimburse Licensor for such Patent Costs upon receipt of an invoice from Licensor for such expenses. For any work in progress with respect to the Licensed Patents for which the Patent Costs have not already been paid by Licensor to its patent firm prior to the transfer of the Licensed Patents to Licensee’s patent agent, Licensor will direct its patent firm to copy Licensee on all such invoices from said patent firm and Licensee will promptly pay said invoices directly to Licensor’s patent firm.

  • Joint Patent Rights 11.8.1 Genmab shall have the first right, but not the obligation, to file, prosecute, maintain and defend Patent Rights relating to Joint Inventions (“Joint Patent Rights”) throughout the Territory, at its sole expense, and Genmab shall give timely notice to CureVac, and, if during the Research Period, with a copy to the IP Sub-Committee, of any desire to not file patent applications claiming Joint Patent Rights or to cease prosecution and/or maintenance of Joint Patent Rights on a country-by-country basis and, in such cases, shall permit CureVac, in its sole discretion, to file such patent applications or to continue prosecution, maintenance or defense of such Joint Patent Rights at its own expense. At the latest [*****] before filing, the prosecuting Party shall give the non-prosecuting Party an opportunity to review and comment upon the text of any application with respect to such Joint Patent Right, shall consult with the non-prosecuting Party with respect thereto, shall not unreasonably refuse to address any of the non-prosecuting Party’s comments and supply the non-prosecuting Party with a copy of the application as filed, together with notice of its filing date and serial number. The prosecuting Party shall keep the non-prosecuting Party reasonably informed of the status of the actual and prospective prosecution, and maintenance, including but not limited to any substantive communications with the competent patent offices that may affect the scope of such filings, and the prosecuting Party shall give the non-prosecuting Party a timely, prior opportunity to review and comment upon any such substantive communication and shall consult with such non- prosecuting Party with respect thereto, and shall not unreasonably refuse to address any of such non-prosecuting Party’s comments.

  • Third Party Patent Rights If either Party desires to bring an opposition, action for declaratory judgment, nullity action, interference, declaration for non-infringement, reexamination or other attack upon the validity, title or enforceability of a Patent Right owned or controlled by a Third Party and having one or more claims that Cover the Compound or Product, or the use, sale, offer for sale or importation of the Compound or Product (except insofar as such action is a counterclaim to or defense of, or accompanies a defense of, a Third Party’s claim or assertion of infringement under Section 7.6, in which case the provisions of Section 7.6 shall govern), such Party shall so notify the other Party and the Parties shall promptly confer to determine whether to bring such action or the manner in which to settle such action. Provention shall have the exclusive right, but not the obligation, to bring, at its own expense and in its sole control, such action in the Territory. If Provention does not bring such an action in the Territory, within ninety (90) days of notification thereof pursuant to this Section 7.7(a) (or earlier, if required by the nature of the proceeding), MacroGenics shall have the right, but not the obligation, to bring, at MacroGenics’ own expense, such action. The Party not bringing an action under this Section 7.7(a) shall be entitled to separate representation in such proceeding by counsel of its own choice and at its own expense, and shall cooperate fully with the Party bringing such action. Any awards or amounts received in bringing any such action shall be first allocated to reimburse the initiating Party’s expenses in such action, and any remaining amounts shall be allocated between the Parties as provided in Section 7.5(e).

  • INFRINGEMENT AND PATENT ENFORCEMENT 11.1 PHS and Licensee agree to notify each other promptly of each infringement or possible infringement of the Licensed Patent Rights, as well as, any facts which may affect the validity, scope, or enforceability of the Licensed Patent Rights of which either party becomes aware.

  • Patent Infringement A. The Contractor shall report to OC Public Works, promptly and in reasonable detail, each notice or claim of patent infringement based on the performance of this Contract of which the Contractor has knowledge.

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents.

  • Joint Patents With respect to any potentially patentable Joint Invention, AstraZeneca shall have the first right, but not the obligation, to prepare patent applications based on such Joint Invention, to file and prosecute (including defense of any oppositions, interferences, reissue proceedings and reexaminations) such patent applications, and to maintain any Joint Patents issuing therefrom, in any jurisdictions throughout the Territory. FibroGen shall have the corresponding first right, but not the obligation, in any jurisdictions outside of the Territory other than China, in respect of which the China Agreement shall govern. If AstraZeneca determines in its sole discretion to abandon, cease prosecution or otherwise not file or maintain any Joint Patent anywhere in the Territory, then AstraZeneca shall provide FibroGen written notice of such determination at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) and shall provide FibroGen with the opportunity to prepare, file, prosecute and maintain such Joint Patent. The Party that is responsible for preparing, filing, prosecuting, and maintaining a particular Joint Patent (the “Prosecuting Party”) shall provide the other Party reasonable opportunity to review and comment on such prosecution efforts regarding such Joint Patent, and such other Party shall provide the Prosecuting Party reasonable assistance in such efforts. The Prosecuting Party shall provide the other Party with a copy of all material communications from any patent authority in the applicable jurisdictions regarding the Joint Patent being prosecuted by such Party, and shall provide drafts of any material filings or responses to be made to such patent authorities a reasonable amount of time in advance of submitting such filings or responses. In particular, each Party agrees to provide the other Party with all information necessary or desirable to enable the other Party to comply with the duty of candor/duty of disclosure requirements of any patent authority. Either Party may determine that it is no longer interested in supporting the continued prosecution or maintenance of a particular Joint Patent in a country or jurisdiction, in which case: (i) the disclaiming Party shall, if requested in writing by the other Party, assign its ownership interest in such Joint Patent in such country or jurisdiction to the other Party for no additional consideration; and (ii) if such assignment is effected, any such Joint Patent would thereafter be deemed a FibroGen Patent in the case of assignment to FibroGen, or a AstraZeneca Patent in the case of assignment to AstraZeneca; provided, however, that the disclaiming party would have an immunity from suit under such FibroGen Patent or AstraZeneca Patent, as the case may be, in the applicable country or jurisdiction. In addition, any Joint Patent that becomes a FibroGen Patent pursuant to the preceding sentence shall be excluded from the license granted to AstraZeneca in Section 7.1. Each Party shall bear its own internal costs in respect of the prosecution of Joint Patents. Out-of-pocket costs incurred in respect of the prosecution and maintenance of Joint Patents in the Territory shall be borne equally by AstraZeneca and FibroGen. In the event a Party elects to disclaim its interest in a Joint Patent, the costs incurred with respect to such Patent after the date of such disclaimer shall thereafter be borne exclusively by the other Party, without reimbursement or credit.

  • Patent The development of patentable inventions or discoveries is not the primary purpose of the research activities of the faculty. Employees have no obligation to seek patent protection for the results of scientific work nor to modify research to enhance patentability.

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