Composition of Matter Claim definition

Composition of Matter Claim means, for a given Product in a given country of the Territory, a Valid Claim of an lcagen Patent Right or Joint Patent Right which claims the composition of matter of the Compound alone per se included in such Product.

Composition of Matter Claim means, for a given Licensed Product in a given country of the Territory, a Valid Claim of the Collaboration Compound IP or BPM IP or any Patent Rights owned or in-licensed by Roche or its Affiliates (only in the case of sales of Licensed Product in the BPM Territory for Program 2 and Program 4) that Covers the composition of matter of the Collaboration Compound that is included in such Licensed Product, in whole or as a component thereof.

Composition of Matter Claim means, for a given Product in a given country of the Territory, a Valid Claim of a Memory Patent Right or a Collaboration Patent Right that Covers the molecule per se of the PDE4 inhibitor that is included in such Product, in whole or as a component thereof, as an active ingredient of such Product.

Examples of Composition of Matter Claim in a sentence

• The Net Sales of a given country shall be included for purposes of calculating royalties under this Section until the later of (a) expiration of the last to expire of Composition of Matter Claim in such country and (b) ten (10) years from the Launch of such Product in such country.

• For a given Product, if in a given country within the Territory there is no Composition of Matter Claim that Covers such Product then the royalty payments due to lcagen based on the applicable royalty rates pursuant to Section 7.7.2 for such Product in such country shall be reduced by [***].

• Only one royalty will be due hereunder on the sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one Composition of Matter Claim.

• For clarity, there shall not be any payment for any of the above milestone events prior to Phase III Study Initiation where the Licensed Product is not covered by a Valid Composition of Matter Claim.

• The milestone payments in the table above shall be paid in full for Licensed Products that are covered by a Valid Composition of Matter Claim.

More Definitions of Composition of Matter Claim

Composition of Matter Claim means a Primary Composition of Matter Claim or a Secondary Composition of Matter Claim.

Composition of Matter Claim means (i) any composition of matter claim in patents already filed (or assigned) as identified in Annex I, and (ii) any composition of matter whether covered or not by a patent claim, that fall under the chemical spaced identified in Annex I.

Composition of Matter Claim means a Valid Claim that covers one or more Target Biologic(s) and/or Target Biomarker(s) as composition of matter, regardless of whether the [***] of such Target Biologic(s) or Target Biomarker(s) is claimed. For clarity, “Composition of Matter Claims” includes, without limitation, Valid Claims covering [***] Target Biologics against a Target, a [***] of a Target or [***] of a Target. Portions of the exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Composition of Matter Claim means a Valid Claim that covers one or more Target Biologic(s) and/or Target Biomarker(s) as composition of matter, regardless of whether the [***] of such Target Biologic(s) or Target Biomarker(s) is claimed. For clarity, “Composition of Matter Claims” includes, without limitation, Valid Claims covering [***] Target Biologics against a Target, a [***] of a Target or [***] of a Target.

Composition of Matter Claim means, for a given Licensed Product in a given country of the Territory, a Valid Claim of an Eleven Patent Right that (i) claims such Product, (ii) but for the licenses granted in this Agreement would be Infringed by the use or sale of such Product, and (iii) is not a Primary Composition of Matter Claim. For clarity, Valid Claims of an Eleven Patent Right that claim manufacturing processes, product-by-process or delivery devices shall not be deemed as Secondary Composition of Matter Claims.

Composition of Matter Claim means all patents and patent applications originating or derived from [***], including all provisional and non-provisional applications, continuations, continuations-in-part, divisions and renewals, and all patent rights granted thereon, reissues, re-examinations and extensions or restorations by existing or future extension or restoration mechanisms, including supplementary protection certificates and equivalents thereof anywhere in the world.

Composition of Matter Claim means a claim which provides an enforceable monopoly right that can be used to effectively prevent a THIRD PARTY (other than other non-exclusive licensee(s)) from developing, using, making or marketing any product in the FIELD for use in humans comprising a LICENSED ANTIGEN which GSK has incorporated into PRODUCT in combination with an ADJUVANT which GSK has incorporated into such PRODUCT which is in preclinical or clinical testing or on the market. In the event of any dispute between the parties as to whether a claim is a COMPOSITION OF MATTER claim, such dispute shall be resolved in accordance with Section 15.02.