Examples of CDS Patent Rights in a sentence
If not earlier terminated as provided in this Article 11, the term of this Agreement (the “Term”) shall commence on the Effective Date and expire upon the later of (i) ten (10) years after the Effective Date, or (ii) the expiration or abandonment of the last Valid Claim included in the CDS Patent Rights, or (iii) as long as Alimera, any Affiliate of Alimera or any sublicensee is selling a Product in any part of the Territory.
Moreover, the Net Profits value itself will at all times reflect the then-current value of the intellectual property licensed hereunder and will naturally reflect any loss of the CDS Patent Rights.
CDS shall have the initial right, but not the obligation, to initiate or prosecute an infringement or other appropriate suit or action against any Third Party who at any time has infringed or is suspected of infringing (an “Infringer”), any of the CDS Patent Rights covering a Product.
For the sake of clarity, the Parties have agreed not to decrease the percentage of Net Profits to be paid by Alimera to CDS, even if the Product is no longer covered by a Valid Claim in the CDS Patent Rights, in view of substantial CDS Know-How provided in the development of Product.
If neither the Collaboration Agreement nor the 10% license pursuant to Section 11.5.1 of the Collaboration Agreement is in effect, then CDS shall have the primary control in filing, prosecution, maintenance and enforcement of CDS Patent Rights.
Filing, prosecution and maintenance of CDS Patent Rights (subject to Alimera's rights in Article 7) CDS For clarification, commercial manufacturing is Commercialization for which Alimera has primary responsibility as set forth in greater detail in Article 4.
Thereafter, CDS shall have the primary control in filing, prosecution, maintenance and enforcement of CDS Patent Rights.
CONFIDENTIAL TREATMENT REQUESTED TERM; TERMINATION Commences upon Alimera’s exercise of its rights pursuant to Section 5.8.3 under the Collaboration Agreement (the “Option License Effective Date”) and expires upon the expiration or abandonment of the last Valid Claim included in the relevant CDS Patent Rights.
If not earlier terminated as provided in this Article 11, the term of this Agreement (the "Term") shall commence on the Effective Date and expire upon the later of (i) ten (10) years after the Effective Date, or (ii) the expiration or abandonment of the last Valid Claim included in the CDS Patent Rights, or (iii) as long as Alimera, any Affiliate of Alimera or any sublicensee is selling a Product in any part of the Territory.
TERM; TERMINATION Commences upon Alimera’s exercise of its rights pursuant to Section 5.8.3 under the Collaboration Agreement (the “Option License Effective Date”) and expires upon the expiration or abandonment of the last Valid Claim included in the relevant CDS Patent Rights.