ELAN PATENT RIGHTS has the meaning assigned thereto in the Elan License Agreement.
ELAN PATENT RIGHTS means any Patent Rights Controlled by ELAN that contain one or more claims that cover ELAN Technology which would, but for this Agreement, be infringed by WARATAH Development Activities or Commercialization activities performed under this Agreement.
ELAN PATENT RIGHTS means the patents and patent applications (including provisional applications) relating to the MEDIPAD(R) Drug Delivery System that are set forth in Schedule 1 of the Elan License Agreement, and that are owned or licensed by or on behalf of Elan. Elan Patent Rights shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of-addition, re-examinations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed under the Elan License Agreement.
Examples of ELAN PATENT RIGHTS in a sentence
ELAN shall make a good faith effort to secure the grant of all of the ELAN PATENT RIGHTS in the appropriate countries of the TERRITORY at its own expense and shall be the title holder thereof.
APPENDIX A PART I ELAN PATENT RIGHTS United States of America Patent Numbers [ * ] PART II COMPANY PATENT RIGHTS Not filed with the executed document.
ELAN shall remain proprietor of all ELAN PATENT RIGHTS and ELAN KNOW-HOW and all other intellectual property relating thereto, as well as products derived therefrom, but shall grant to COMPANY for the term of the Agreement an exclusive licence pursuant to the ELAN PATENT RIGHTS and ELAN KNOW-HOW, to have manufactured, package, use and sell the PRODUCT as a prescription medicine in the TERRITORY under the terms and conditions set out herein.
ELAN represents and warrants that it has the sole, exclusive and unencumbered right to grant the licences and rights herein granted to COMPANY, and that it has not granted any option, licence, right or interest in or to the ELAN PATENT RIGHTS or ELAN KNOW-HOW to any third party which would conflict with the rights granted by this Agreement.
ELAN represents and warrants that it has the sole, exclusive and unencumbered right to grant the licences and rights herein granted to TARGON, and that it has not granted any option, licence, right or interest in or to the ELAN PATENT RIGHTS or PRODUCT to any third party which would conflict with the rights granted pursuant to this Agreement.
More Definitions of ELAN PATENT RIGHTS
ELAN PATENT RIGHTS means any and all rights under any and all patents and patent applications now existing, currently pending or hereafter filed, owned or acquired or licensed by Elan (and/or its Affiliates) which would be infringed by the manufacture, use or sale of the Product, the current status of which as of the Amendment Date is set forth in Schedule 3. Elan Patent Rights shall also include all continuations, continuations-in-part, divisionals and re-issues of such patents and patent applications and any patents Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission. issuing thereon and extensions of any patents licensed hereunder. Elan Patent Rights shall further include any patents or patent applications covering any improved methods of making or using the Product invented or acquired by Elan (and/or its Affiliates) during the term of this Agreement and under which Elan (and/or its Affiliates) has a right to grant a licence hereunder, and Elan’s (and/or its Affiliates) interest in any intellectual property conceived reduced to practice or otherwise developed in connection with the Project.
ELAN PATENT RIGHTS means any and all patents now existing, currently pending or hereafter filed or obtained relating to pharmaceutical formulation knowledge, expertise, information and data owned by Elan, and any foreign counterparts thereof and all divisionals, continuations, continuations-in-part, patents of continuation, any foreign counterparts thereof and all divisionals, continuations, continuations-in-part, patents of addition and substitutions of, and all patents issuing on, any of the foregoing, together with all registrations, reissues, re-examinations or extensions of any kind with respect to any of such patents.
ELAN PATENT RIGHTS means all patents and patent applications related to the UPDAS TECHNOLOGY and/or the ENHANCING TECHNOLOGY that are owned or licensed by or on behalf of Elan, including the ELAN PROJECT PATENT RIGHTS, (but excluding the EXCLUDED TECHNOLOGY), which patents as of the EFFECTIVE DATE are set forth on Appendix A attached hereto; subject, however, to any contractual obligations to unaffiliated third parties that relates to specific pharmaceuticals that may be formulated for delivery by the UPDAS TECHNOLOGY or ENHANCING TECHNOLOGY that ELAN has as of the EFFECTIVE DATE. ELAN PATENT RIGHTS shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of-additions reexaminations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed hereunder.
ELAN PATENT RIGHTS means all patents and patent applications listed in Schedule 2 as said schedule may be amended from time to time by mutual written agreement. For the avoidance of doubt, the parties acknowledge that there are no ELAN PATENT RIGHTS at the Effective Date, but that ELAN PATENT RIGHTS shall include patents and patent applications emanating from anything developed by ELAN pursuant to the PROJECT. ELAN PATENT RIGHTS shall also include all continuations, continuations-in-part, divisionals, and any patents issuing thereon, and re-issues or re-examinations of such patents and extensions of any patents licensed hereunder. Extensions of patents shall include extensions under the U.S. Patent Term Restoration Act. In the event that ELAN acquires or merges with a third party entity, ELAN PATENT RIGHTS shall not include any patent rights to the extent that such patent rights relate to a product containing the same active ingredient as the DSDFS which has been approved for marketing or is in development by the said third party entity at the time of such acquisition or merger. For the avoidance of doubt, the occurrence of any such acquisition or merger shall not affect the license of the ELAN PATENT RIGHTS granted to SCHEIN hereunder. FDA shall mean the United States Food and Drug Administration or any other successor agency whose approval is necessary to market the PRODUCTS in the TERRITORY. FDA APPROVAL shall mean the final approval to market the PRODUCTS in the TERRITORY, including post approval validation and scale up inspection and any other approval which is required to launch the PRODUCTS in the normal course of business. FOB shall have the meaning set forth in the State of New York Uniform Commercial Code as amended. INITIAL PERIOD shall mean the initial period of this Agreement, as more fully described in Clause 12. IN MARKET shall mean the sale of the PRODUCT in the Territory by SCHEIN or its AFFILIATES, or where applicable by a permitted sub-licensee, to an unaffiliated third party, including but not limited to a wholesaler, chain store, distributor, managed care organization, hospital or pharmacy. LAUNCH STOCKS shall mean the quantities of stocks of the PRODUCT required by SCHEIN to support the commercial introduction of the Product following FDA Approval.
ELAN PATENT RIGHTS means the patents and patent applications related to the Auto-Injector Technology for use in the Field that are owned or licensed by or on behalf of Elan (but excluding the Medipad(TM) Technology or other Excluded Technology), set forth on Appendices A-1 and A-2 attached hereto; subject, however, except as otherwise provided herein, to any contractual obligations to unaffiliated third parties that Elan has as of the Effective Date. Elan Patent Rights shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of-additions, re- examinations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed hereunder and any Elan Improvements.
ELAN PATENT RIGHTS means all granted patents and pending patent applications owned by, or licensed by ELAN which would be infringed by the manufacture, use or sale of the PRODUCT, the current status of which shall be attached as Appendix A prior to 30th September 1997. ELAN PATENT RIGHTS shall also include all continuations, continuations-in-part, divisionals re-issues and re-examinations of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed hereunder and all foreign counterparts within the TERRITORY.
ELAN PATENT RIGHTS means Patent Rights that ELAN Controls as of the Effective Date or that come into the Control of ELAN during the term of this Agreement, which Patent Rights claim any ELAN Prior Invention and/or ELAN Non-Collaboration Invention. Those ELAN Patent Rights known to be existing as of the Effective Date are listed on Exhibit 1.44 attached hereto.