Covered Patent definition

Covered Patent means a patent or patent application (other than any patent or patent application included in pSivida Existing Patent Rights) that is owned or Controlled by pSivida prior to any Change of Control of pSivida, a Valid Claim of which would be infringed by the making, having made, using, selling, offering to sell or importing of ILUVIEN for uveitis in the Collaboration Field. pSivida will not assign or grant any exclusive rights under a Covered Patent for ILUVIEN for uveitis in the Collaboration Field, unless the assignee or grantee agrees in writing to be bound as by all terms of this Section (as though they were pSivida).
Covered Patent means any Patent to the extent that it claims (a) an Antibody, or a group of Antibodies, as a composition of matter, (b) a pharmaceutical preparation comprising one or more Antibodies as active ingredients (as distinguished from pharmaceutical preparations that utilize Antibodies as targeting agents) whether alone or with one or more other ingredients (whether or not active) and whether in a fixed dosage form or as a combination therapy, (c) CTLA-4, or (d) any methods of using the foregoing ((a) through (c)). Covered Patents shall not include any Patents to the extent that they claim any method of manufacturing Licensed Products.
Covered Patent means any Patent to the extent that it claims (a) an Antibody, or a group of Antibodies, or the Exploitation of such Antibody or group of Antibodies, (b) a composition, whether alone or in combination with an article of manufacture, comprising one or more Antibodies or the Exploitation of such a composition, (c) a nucleic acid sequence or host cell that specifically codes for, incorporates, expresses or secretes an Antibody, (d) the use of such a nucleic acid sequence or host cell to make (including to manufacture, formulate, purify, express, recover and secrete) an Antibody, (e) a method of making (including manufacturing, formulating, purifying, expressing, recovering, and secreting) (i) an Antibody, (ii) a composition comprising one or more Antibodies or (iii) CTLA-4; (f) a method of using an Antibody or a composition comprising one or more Antibodies; or (g) CTLA-4. For the avoidance of doubt, the following language has been deleted from the definition: “Covered Patents shall not include any Patents to the extent that they claim any method of manufacturing Licensed Products.” [ * ] = 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.

Examples of Covered Patent in a sentence

  • For the Term of the Agreement and subject to compliance with the terms and conditions of this Agreement including all payment terms, Licensor covenants not to assert any Covered Patent against any Licensee Party with regard to any Covered Product within the FOU.

  • Moreover, if one or more Covered Patents has a term extending beyond the last to expire Licensed Patent, then the protections of Section 2.2 will go away upon expiration of the agreement and the Licensee could then be sued under the Covered Patent.

  • If a Licensee Party challenges the validity, enforceability, or scope of any claim of a Licensed Patent or a Covered Patent, including, without limitation, any litigation, reexamination, interference proceeding or other post-grant challenge (each a “Challenge”) for any reason, the License or Patent Non-Assertion, as applicable, will terminate immediately and without notice upon such Challenge with regard to each Licensed Patent or Covered Patent subject to such Challenge.

  • Notwithstanding the foregoing, if JMM is served with a subpoena or court order requiring the disclosure of information relating to any Covered Patent, JMM shall promptly notify NetRatings and cooperate, at NetRatings' expense, in obtaining enough time for NetRatings to object to such disclosure, move for a protective order, seek to limit such production of information and/or to quash the subpoena.

  • Licensor may Divest any Covered Patent at any time and the Patent Non-Assertion with regard to such Divested Covered Patent shall terminate upon Divestiture.

  • No current or former employee, officer, director, stockholder, consultant or independent contractor has any right, claim or interest in or with respect to any Covered Patent.

  • Lantern shall have sole discretion to determine whether a patent is a Covered Patent solely for purposes of calculating Lantern’s payment obligations for Patent Costs as described in this Section 3.6(b) below.

  • Mr. Magharious further stated that he did not believe this case involved a wastewater problem so he did not study that issue.

  • Salix shall make reasonable efforts not to take any position in the filing, prosecution or maintenance of any Covered Patent or Cosmo Licensed Patent that could reasonably be expected to affect adversely any Foreign Equivalent Patents or any foreign equivalent of a Cosmo Licensed Patent outside the applicable Salix Territory.

  • Covered Patent Claims do not include claims infringed only by modifications to Original SLC Software made by anyone other than SLC or its authorized agents or representatives acting on behalf of SLC.


More Definitions of Covered Patent

Covered Patent means any patent that relates to the Services provided to Capital One under this Agreement and that is in existence or applied for as of the date of termination of this Agreement or within the two year period thereafter. This Section 8.9 shall not apply to U.S. Patent 6,817,008, issued November 9, 2004.
Covered Patent means any Patent that at any time during the five years from the date of this Consent, is (a) owned by (or exclusively licensed to) UP or a Person that is a Subsidiary of UP (except for the UP Subs, UPLLC or UP International) or

Related to Covered Patent

  • 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.

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

  • Licensed Patent Rights means:

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

  • 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.

  • 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.

  • 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.

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

  • 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.

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

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

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

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

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

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

  • 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).”

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

  • 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.

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • 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.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Joint Invention has the meaning set forth in Section 9.1.

  • Valid Claim means a claim of an issued and unexpired Patent that (i) has not been revoked or held unenforceable or invalid by a decision of a court or other Governmental Entity of competent jurisdiction from which no appeal can be taken or has been taken within the time allowed for appeal and (ii) has not been abandoned, disclaimed, denied, or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise in such country.

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • Infringement has the meaning set forth in Section 6.3(a).