Chimerix Patent Rights definition

Chimerix Patent Rights means any and all Patent Rights which are Controlled by Chimerix or any of its Affiliates as of the Effective Date or at any time during the Term and which (i) claim or cover any Compound and/or Product (but excluding claims solely and specifically claiming an Other Active in a given Combination Product as an individual separate component), or the development, manufacture, commercialization, use or sale thereof or the Research, or (ii) claim or cover any Chimerix Know-How. The Chimerix Patent Rights shall include Chimerix’s (and its Affiliates’) rights in Joint Patent Rights. The Chimerix Patent Rights shall include those listed on Schedule 1.11. For purposes of this definition of “Chimerix Patent Rights”, “Affiliates” shall exclude a Third Party that becomes an Affiliate of Chimerix after the Effective Date as a result of a Change of Control of Chimerix in which Chimerix is acquired by such Third Party; provided that in all cases, all Patent Rights within the “Chimerix Patent Rights” prior to the time that such Change of Control occurs shall continue to be included in “Chimerix Patent Rights” following such Change of Control. Notwithstanding the foregoing, to the extent any employee of an Affiliate having control (as defined in Section 1.2) over Chimerix after a Change of Control of Chimerix (i) participates in the Committee (to the extent it continues in existence after such Change of Control), or (ii) serves as an Alliance Manager, all Patent Rights Controlled by such Affiliate which cover or claim inventions provided by such employee(s) of such controlling Affiliate shall be included in “Chimerix Patent Rights”, subject in all cases to Article 7 (including Section 7.1.1).
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Chimerix Patent Rights means any and all Patent Rights Controlled by Chimerix or any of its Affiliates as of the Effective Date or at any time during the Term that claim or Cover the composition of matter, manufacture or use of any Compound and/or Product (but excluding claims solely and specifically claiming the composition of matter, use, or manufacture of any Other Active). The Chimerix Patent Rights shall include Chimerix’s (and its Affiliates’) rights in Joint Patent Rights. The Chimerix Patent Rights shall include those listed in Exhibit A. Notwithstanding the foregoing, Chimerix Patent Rights shall not include any Patents Controlled by any Third Party Acquirer of Chimerix, or any Affiliate of such Third Party Acquirer, except for any such Patents claiming inventions made by such Third Party Acquirer or its Affiliate after such Third Party Acquirer’s acquisition of Chimerix through (a) use of Chimerix Know-How or (b) practice of any invention that is then Covered by a Valid Patent Claim of the Chimerix Patent Rights listed in Exhibit A.
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Chimerix Patent Rights means any and all Patent Rights Controlled by Chimerix or any of its Affiliates as of the Effective Date or during the Term that claim or otherwise Cover the composition of matter, manufacture or use of any Compound or Product (but excluding claims solely and specifically claiming the composition of matter, use, or manufacture of any Other Active); but specifically excluding Chimerix’s (and its Affiliates’) rights in Joint Patent Rights. The Chimerix Patent Rights shall include those listed in Exhibit A. Chimerix shall update Exhibit A from time-to-time, but no less than once per calendar year during the Term, to reflect the then-current list of Chimerix Patent Rights. Notwithstanding the foregoing, Chimerix Patent Rights shall not include any Patent Rights Controlled by any Third-Party Acquirer of Chimerix, or any Affiliate of such Third-Party Acquirer, except for any such Patent Rights claiming inventions made by such Third-Party Acquirer or its Affiliate after such Third-Party Acquirer’s acquisition of Chimerix through (a) the use of Chimerix Know-How or (b) the practice of any invention that is then Covered by a Valid Claim of the Chimerix Patent Rights listed in Exhibit A.
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Examples of Chimerix Patent Rights in a sentence

  • Chimerix shall give Merck, and Merck shall give Chimerix, notice of any infringement of any Chimerix Patent Rights, but only where such infringement relates to claims within the Chimerix Patent Rights which claim or cover the Compounds or Products or their use or manufacture (the “Relevant Chimerix Patent Claims”), that may come to Chimerix’s or Merck’s attention.

  • Chimerix shall have the first right, but not the obligation, to control the preparation, filing, prosecution and maintenance of Chimerix Patent Rights at Chimerix’s sole expense and by counsel of its choice.

  • Chimerix shall keep Merck informed of developments in any such action or proceeding involving the Chimerix Patent Rights, including the status of any settlement negotiations and the terms of any offer related thereto.

  • Chimerix shall promptly give notice to Merck of the grant, lapse, revocation, surrender, invalidation or abandonment of any Chimerix Patent Rights for which Chimerix is responsible for the filing, prosecution and maintenance.

  • As δ increases and the parallel importer becomes more competitive, service significantly helps the manufacturer to promote the authorized channel and earn higher profit.

  • The rights of the Parties set forth in Section 7.3.2 shall be subject the rights of UC under the UC License with respect to Chimerix Patent Rights Controlled by Chimerix through the UC License (the “Chimerix/UC Patent Rights”).

  • Subject to the rights of UC with respect to the Chimerix/UC Patent Rights, as between the Parties, Merck shall have the exclusive right, but not the obligation, to seek, in Chimerix’s name if so required, patent term extensions or supplemental patent protection in any country in the Territory in relation to all Chimerix Patent Rights.

  • With respect to Chimerix Patent Rights other than Chimerix Patent Rights for Chimerix Collaboration Inventions (which shall be handled pursuant to Section 7.2.2), Chimerix agrees to, and shall, file, prosecute and maintain in the Territory, upon consultation with Merck, all such other Chimerix Patent Rights.

  • In such case, all of the expenses and costs incurred by Merck to fund such filing and/or continued prosecution and maintenance of such Chimerix Patent Rights shall be fully creditable against royalties due under Section 5.3 of this Agreement.

  • Chimerix shall, within ten (10) days of learning of such event, inform Merck of any request for, or filing or declaration of, any interference, opposition, invalidation, reissue or reexamination relating to Chimerix Patent Rights.


More Definitions of Chimerix Patent Rights

Chimerix Patent Rights means any and all Patent Rights Controlled by Chimerix or any of its Affiliates as of the Effective Date or during the Term that claim or otherwise Cover the composition of matter, manufacture or use of any Compound or Product (but excluding claims solely and specifically claiming the composition of matter, use, or manufacture of any Other Active); but specifically excluding Chimerix’s (and its Affiliates’) rights in Joint Patent Rights. The Chimerix Patent Rights shall include those listed in Exhibit A. Chimerix shall update Exhibit A from time-to-time, but no less than once per calendar year during the Term, to reflect the then-current list of Chimerix Patent Rights. Notwithstanding the foregoing, Chimerix Patent Rights shall not include any Patent Rights Controlled by any Third-Party Acquirer of Chimerix, or any Affiliate of such Third-Party Acquirer, except for any such Patent Rights claiming inventions made by such Third-Party Acquirer or its Affiliate after such Third- Party Acquirer’s acquisition of Chimerix through (a) the use of Chimerix Know-How or (b) the practice of any invention that is then Covered by a Valid Claim of the Chimerix Patent Rights listed in Exhibit A.
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Related to Chimerix Patent Rights

  • Licensed Patent Rights means:

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Licensee Patents means all Patents that (i) claim any inventions developed by or on behalf of Licensee in the Development, manufacture or Commercialization of any of the Products in the Field pursuant to this Agreement, or (ii) are Controlled by Licensee or its Affiliates during the Term and claim or cover any of the Products (including composition of matter, methods of manufacturing and methods of treatment or use).”

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Joint Patents has the meaning set forth in Section 8.1.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Joint IP means Joint Know-How and Joint Patents.

  • Licensor Technology means the Licensor Patents and the Licensor Know-How.

  • Product Technology means the Product Know-How and Product Patents.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Collaboration IP means Collaboration Know-How and Collaboration Patents.

  • Program Technology means Program Know-How and Program Patents.

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.