Cubist Patent Rights definition

Cubist Patent Rights. Cubist Patent Rights means those Patent Rights that (a) claim (i) Cubist Know-How, or (ii) the Development, Manufacture or Commercialization of Licensed Product, and that are necessary or reasonably useful to Develop, Manufacture or Commercialize Licensed Product in the Field, and (b) are Controlled by Cubist or, subject to Section 13.8, any of its Affiliates, at any time during the Term. Cubist Patent Rights shall not include Patent Rights included in Cubist Collaboration IP or Cubist’s interest in Joint Collaboration IP.
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Cubist Patent Rights means Patent Rights that are either (i) assigned solely to Cubist, (ii) assigned jointly to Cubist and a party other than ArQule, or (iii) licensed to Cubist, in each case to the extent that Cubist has the ability to license or sublicense the rights required under this Agreement. "Joint Patent Rights" means Patent Rights assigned to both ArQule and Cubist as joint owners. Joint Patent Rights will include (i) Patent Rights claiming Joint Technology and (ii) Patent Rights claiming both ArQule Technology and Cubist Technology in a single filing.
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Cubist Patent Rights. Cubist Patent Rights shall mean Patent Rights, including Cubist’s rights in Joint Patent Rights, that (a) Cover Cubist Know-How and (b) are Controlled by Cubist on the Effective Date or []*.
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Examples of Cubist Patent Rights in a sentence

  • Subject to the provisions of any Third Party agreement under which Cubist’s rights in Cubist Technology are granted, Cubist shall have the sole and exclusive right to initiate an infringement or other appropriate suit anywhere in the world against any Third Party who at any time has infringed, or is suspected of infringing, any Patent Rights, or of using without proper authorization any Know-How, comprising Cubist Patent Rights, Cubist Know-How, or Cubist Collaboration IP.

  • Novalon also agrees to cooperate with Cubist as reasonably necessary to permit Cubist to be able to prosecute or maintain any Cubist Patent Rights arising from the Collaboration in those countries selected by Cubist.

  • Subject to the provisions of Section 5.2 below, Novalon retains all rights to file and prosecute any and all patent applications included within the Novalon Patent Rights, and Cubist retains all rights to file and prosecute any and all patent applications included within the Cubist Patent Rights.

  • With respect to each Candidate Target, subject to the terms of this Agreement, Cubist hereby grants Novartis a worldwide exclusive right and license during the Exclusivity Period, with the right to sublicense, under the Cubist Patent Rights, Cubist Technology and Cubist's interest in Joint Patent Rights and Joint Technology covering such Candidate Target to use such Candidate Targets in Novartis' research program aimed at making, having made, using, selling and importing Novartis Products.

  • Cubist shall have sole responsibility for and control over the filing, prosecution, maintenance and enforcement of the Cubist Patent Rights claiming Cubist Inventions, at Cubist's expense.

  • Subject to the terms of this Agreement, Cubist hereby grants Novartis a worldwide, non-exclusive right and license during the term of the Research Program, without the right to sublicense, under the Cubist Patent Rights and Cubist Technology covering VITA(TM) for research use solely as necessary for Novartis to participate in the Research Program with respect to the Collaboration Target List and Candidate Targets.

  • The Cubist Patent Rights as to which Novartis is licensed under this Agreement as of the Effective Date shall be listed on Exhibit C hereto and at regular intervals, or upon request, Cubist shall provide Novartis with updated information on its patent portfolio as to which Novartis is licensed under this Agreement, and Exhibit C hereto shall be amended accordingly.

  • Final decisions on whether to initiate a proceeding, and the course of action in such proceeding, including settlement negotiations and terms with respect to any Competitive Infringement will be made (i) with respect to Dyax Patent Rights and any Joint Patent Rights that Cover the Primary Product or its use or manufacture in the Field, by []*, (ii) with respect to any Cubist Patent Rights included in the Cubist Improvements, by []*, and (iii) with respect to all other Joint Patent Rights, []*.

  • Cubist shall notify Novartis of the issuance of each patent included within the Cubist Patent Rights as to which Novartis is licensed under this Agreement, giving the date of issue, patent number and normal expiry date for each such patent.

  • Cubist shall notify Novartis of each filing for patent term restoration under the United States Drug Price Competition and Patent Term Restoration Act of 1984, any allegations of failure to show due diligence, and all awards of patent term restoration in the United States with respect to the Cubist Patent Rights as to which Novartis is licensed under this Agreement.


More Definitions of Cubist Patent Rights

Cubist Patent Rights means any United States or foreign patent applications, provisional patent applications, patents, patent extensions, certificates of invention and applications for certificates of invention, together with any divisions, continuations or continuations-in-part, reissues, renewals, or additions thereof owned or controlled by Cubist as of the Effective Date or during the term or as a result of the Research Program.
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Cubist Patent Rights means Patent Rights which are owned by Cubist or any of its Affiliates or which Cubist or any of its Affiliates has the right to license or sublicense to persons or Entities. Cubist Technology means Technology which is owned by Cubist or any of its Affiliates or which Cubist Or any of its Affiliates has the right to license or sublicense to persons or Entities. Effective Date has the meaning set forth in the preamble to this Agreement. Entity means any corporation, association, partnership (general or limited), joint venture, trust, estate, limited liability company, limited liability partnership or other legal entity or organization. Exhibit A means Exhibit A to this Agreement, as said Exhibit A may be amended and in effect from time to time. Minimum Research Period means the period commencing on the Effective Date and ending on the later of [ ]* or [ ]* after the Acquisition Option Expiration Date. Net Sales means all gross amounts billed to any person or Entity (other than an Affiliate of such person or Entity) at the earliest of invoice, shipment or payment in respect of Products, less the sum of the following amounts: (a) sales and use taxes, tariffs, duties and the like imposed directly and with reference to particular sales or leases; plus (b) outbound shipping prepaid or actually allowed; plus _____________________ * Confidential Treatment requested: material has been omitted and filed separately with the Commission.
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Related to Cubist Patent Rights

  • 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.

  • Licensed Patent Rights means:

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

  • 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.

  • 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.

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

  • 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).”

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

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

  • 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.

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

  • 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.

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

  • 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.

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

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

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

  • 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.

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

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

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

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