ESI Patent Rights definition

ESI Patent Rights means (a) all of the patents and patent applications identified in Schedule D, (b) all patent applications filed either from such patents, patent applications or provisional applications or from an application claiming priority from either of these, including divisionals, continuations, continuations-in-part, provisionals, and continued prosecution applications in any jurisdiction, (c) any and all patents that have issued or in the future issue from the foregoing patent applications ((a) and (b)), including utility models, petty patents and design patents and certificates of invention, (d) any and all extensions or restorations by existing or future extension or restoration mechanisms, including revalidations, reissues, re-examinations and extensions (including any supplementary protection certificates and the like) of the foregoing patents or patent applications ((a), (b) and (c)), and (e) any similar rights, including so-called pipeline protection, or any importation, revalidation, confirmation or introduction patent or registration patent or patent of additions to any such foregoing patent applications and patents. The ESI Patent Rights shall not include orphan drug rights or any other form of data or regulatory exclusivity.

ESI Patent Rights means (a) all of the patents and patent applications identified in Schedule D, (b) all patent applications filed either from such patents, patent applications or provisional applications or from an application claiming priority from either of these, including divisionals, continuations, continuations-in-part, provisionals, and continued prosecution applications in any jurisdiction, (c) any and all patents that have issued or in the future issue from the foregoing patent applications ((a) and (b)), including utility models, xxxxx patents and design patents and certificates of invention, (d) any and all extensions or restorations by existing or future extension or restoration mechanisms, including revalidations, reissues, re-examinations and extensions (including any supplementary protection certificates and the like) of the foregoing patents or patent applications ((a), (b) and (c)), and (e) any similar rights, including so-called pipeline protection, or any importation, revalidation, confirmation or introduction patent or registration patent or patent of additions to any such foregoing patent applications and patents. The ESI Patent Rights shall not include orphan drug rights or any other form of data or regulatory exclusivity.

ESI Patent Rights has the meaning ascribed to such term in the Cross License Agreement.

Examples of ESI Patent Rights in a sentence

• ESI shall be responsible for all costs associated with filing, prosecuting, and maintaining such ESI Patent Rights.

• Subject to the limitations set forth in this Agreement, ESI hereby grants to Asterias, and Asterias hereby accepts, a fully-paid, perpetual (subject to Article 7), non-royalty-bearing, world-wide, non-exclusive, sub-licensable (to the extent permitted in Section 2.4(c)) license in, to, and, under the ESI Patent Rights for all purposes in the Asterias Licensed Field during the Term.

• The Parties agree to notify each other in writing of any actual or threatened infringement by a Third Party of the ESI Patent Rights or of any claim of invalidity, unenforceability or non-infringement of the ESI Patent Rights, or of any inter partes review, interference or other proceeding affecting the ESI Patent Rights.

• ESI shall be solely responsible for the continued prosecution of pending applications included in the ESI Patent Rights and the issuance of patents from such patent applications after allowance.

• The examinee must provide to the Proctor the WQA Proctor Instructions, and the Proctor must sign the Proctor Instructions form to indicate that he/she understands and accepts the responsibilities of Proctor.

• AgeX will cooperate with ESI to prosecute such patents and claims under patent applications or other ESI Patent Rights as ESI may reasonably request.

• Given the 30-year analysis period modeled in the LCC analysis, the application of a marginal interest rate associated with an initial source of funds is inaccurate.

• If any patent or any claim thereof included within the ESI Patent Rights shall be found invalid by a court of competent jurisdiction and last resort, from which decision no appeal may be taken, AgeX’s obligation to pay ESI royalties based on such patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such decision.

• AgeX shall not, however, be relieved from paying ESI any royalties, fees, expenses, or other liabilities that accrued prior to the date of such decision or that are based on any of the ESI Patent Rights not the subject of such decision.

• No rights to Sublicense patents are granted in the ESI Patent Rights.

More Definitions of ESI Patent Rights

ESI Patent Rights means the patents and patent applications identified on Exhibit A attached to this Agreement, and any divisional, continuation or continuation-in-part of those applications, but only to the extent the claims in said applications are directed to subject matter specifically described in the patents and patent applications identified on Exhibit A, as well as any patents issued on these patent applications, and any reissues, reexaminations, extensions and substitutions (or the equivalent) thereof and any foreign counterparts to those patents and patent applications. The Parties agree that Exhibit A may be revised from time to time after the Effective Date to reflect changes thereto.