directly competitive products definition

directly competitive products means products that are in competition despite differences in characteristics or composing materials, substitutability in terms of utility purpose or commercial competitiveness;
directly competitive products means domestically-produced substitutable products;
directly competitive products means all medical devices, instruments and associated disposables within the Field which incorporate [*] means to perforate the stratum corneum for the [*] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. purpose of sampling interstitial fluid for glucose monitoring, excluding those [*], and which over the preceding two calendar quarters have maintained an Average Market Share within the country in question of [*]. Directly Competitive Products shall not include any product which during such calendar quarters in that country is the subject of a pending infringement action by either SPECTRx or ABBOTT. Directly Competitive Products shall only include products which in a given country, either would [*] which was presented to the relevant [*]. For purposes of this Section, "significant claim" means a claim encompassing a core function of such products (e.g., method for extracting interstitial fluid).

Examples of directly competitive products in a sentence

  • Except as expressly provided in Section 2.11, Chiron shall have no obligation or liability to Cubist for selecting a Third Party as its Commercialization partner for Directly Competitive Products in the Territory.

  • Amgen hereby represents and warrants to InterMune that, as of the Amendment Effective Date, Amgen has no current plan to (a) acquire a company with a Directly Competitive Product currently marketed in the Territory and (b) clinically develop a novel Directly Competitive Product, except to the extent that Amgen may engage in clinical testing of a Directly Competitive Product(s) in combination with one or more Amgen Products.

  • If a Coronary Product is not or ceases at any time to be covered by a valid claim of any of the NeoRx Patents or Joint Patents in a Major Country in the Territory and if Third Parties are selling in that country Directly Competitive Products, then the Parties shall meet and in good faith negotiate modified terms for the amounts payable pursuant to Section 6.5(d).

  • Distributor represents (i) that none of the Xxxxxx Products are Directly Competitive Products and (ii) that the suite of products currently referred to by Distributor as the Relationship Management Suite Customer Relationship Management products are not generally available as of the Effective Date.

  • Subsequent to the Non-Competition Period Gordian and/or its assignees or licensees shall be permitted to develop Directly Competitive Products so long as and only to the extent that the code included in the Gordian IP is not incorporated into or used in the development of such Directly Competitive Products.

Related to directly competitive products

  • Competitive Products shall include any product or service that directly or indirectly competes with, is substantially similar to, or serves as a reasonable substitute for, any product or service in research, development or design, or manufactured, produced, sold or distributed by the Company;

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Competitive Business means any firm, partnership, joint venture, corporation and/or any other Person, and/or any licensee of such entity, that develops, manufactures, markets, distributes, provides, offers, or sells any services or products substantially similar to First Party’s services or products.

  • Competitive Process means a formal sealed, electronic, or web-based bid procedure used for all nonclaims related purchases for goods and services over fifty thousand dollars. For purchases between five thousand dollars and fifty thousand dollars, competitive process means quotations obtained from at least three vendors by telephone or written quotations, or both, and supported by evidence of competition. Purchases up to five thousand dollars are exempt from competitive bids providing procurement is based on obtaining maximum quality at minimum cost.

  • Competitive Business Activity means:

  • Competing Product means [***].

  • Competitive Position means any employment with a Competitor in which Executive will use or is likely to use any Confidential Information or Trade Secrets, or in which Executive has duties for such Competitor that relate to Competitive Services and that are the same or similar to those services actually performed by Executive for the Company;

  • Assistive Devices means any category of durable medical equipment, mechanical apparatus, electrical appliance, or instrument of technology used to assist and enhance an individual's independence in performing any activity of daily living. Assistive devices include the use of service animals, general household items, or furniture to assist the individual.

  • Competitive Products or Services means, as of any time, those products or services of the type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers.

  • Assistive technology means the devices, aids, controls, supplies, or appliances described in OAR 411-300-0150 that are purchased to provide support for a child and replace the need for direct interventions to enable self-direction of care and maximize independence of the child.

  • Competitive Activity will not include (i) the mere ownership of securities in any such enterprise and the exercise of rights appurtenant thereto or (ii) participation in the management of any such enterprise other than in connection with the competitive operations of such enterprise.

  • Restricted Territory means the United States of America.

  • Competitive Services means engaging in the business of community banking or commercial banking, including, without limitation, originating, underwriting, closing and selling loans, receiving deposits and otherwise engaging in the business of banking, as well as the business of providing any other activities, products, or services of the type conducted, authorized, offered, or provided by the Bank as of Executive’s Termination Date, or during the two (2) years immediately prior to Executive’s Termination Date.

  • Competitive contracting means the method described in sections 45 through 49 of P.L.1999, c.440 (C.18A:18A-4.1 through C.18A:18A-4.5) of contracting for specialized goods and services in which formal proposals are solicited from vendors; formal proposals are evaluated by the purchasing agent or counsel or School Business Administrator; and the Board awards a contract to a vendor or vendors from among the formal proposals received.

  • Qualified high-technology business means a business that is either of the following:

  • Restricted Territories means: (i) Cuba, Sudan, Iran, North Korea, Syria and the territory of Crimea / Sevastopol; and (ii) any other country or territory that is subject to sanctions by the United Kingdom, the European Union, the U.S, United Nations or elsewhere.

  • Anti-competitive Practice means any collusion, bid rigging or anti-competitive arrangement, or any other practice coming under the purview of The Competition Act 2002, between two or more bidders, with or without the knowledge of the Purchaser, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non-competitive levels;

  • Competitive service means any service offered by an electric

  • Competitive integrated employment means work (including self-employment) that is performed on a full-time or part-time basis:

  • Licensed Services means all functions performed by the Licensed System.

  • licensed activities means things authorised to be done by the licence

  • Assistive device means any item, piece of equipment, or product system which is used to increase, maintain, or improve the functional capabilities of an individual with a disability in the workplace or on the job. “Assistive device” does not mean any medical device, surgical device, or organ implanted or transplanted into or attached directly to an individual. “Assistive device” does not include any device for which a certificate of title is issued by the state department of transportation, but does include any item, piece of equipment, or product system otherwise meeting the definition of “assistive device” that is incorporated, attached, or included as a modification in or to such a device issued a certificate of title.

  • Developed Technology means any Technology including, without limitation, any enhancements, substitutions or improvements to the Core Technology that is (a) discovered, developed or otherwise acquired by DURA pursuant to the terms of the Development Agreement or (b) otherwise acquired by or on behalf of Xxxxxx Corp. II during the term of the Development Agreement.

  • Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: