Future Patent Rights means (a) any Patent Right (other than GrayBug Current Patent Rights, Kala Current Patent Rights, Kala/JHU Jointly Owned Patent Rights, Other JHU Patent Rights, Transferred Patent Rights, and Jointly Owned Transferred Patent Rights) that, (i) is in whole owned by JHU, (ii) names solely [**] as inventor, or, as co-inventors, limited to the following: [**] and, subject to Section 2(c)(ix): [**] (each of the foregoing, a “Co-Inventor”), or any other person (including laboratory personnel, fellows, and students) working, as of the relevant time, in the laboratory of [**] who has authorized JHU in writing to license the relevant invention under this Settlement Agreement, (iii) is not subject to pre-existing Third Party rights granted by JHU or obligations of JHU to Third Parties (provided, however, that, to the extent such Third Party rights and obligations terminate during the Second Notice period of Section 2(c)(i), the relevant Patent Rights shall be considered Future Patent Rights), and (iv) relates to the GrayBug Field of Use or Kala Field of Use, and (b) any Counterparts of the foregoing.
Future Patent Rights means Patent Rights (other than the Existing Patent Rights) that are owned or Controlled by ConforMIS or its Affiliates that (a) are filed, or claim priority to any Patent Rights filed, during the Tail Period (excluding Patent Rights acquired or licensed by ConforMIS under an agreement with a Third Party executed after the Effective Date), and (b) are necessary to make, have made, use, sell, offer to sell or import Licensed Products in the Field of Use.
Future Patent Rights means any patents and/or patent applications claiming Inventions other than those in Schedule A through any use of the Patent Rights or Know-How licensed hereunder arising from work conducted by or under the direction of Mxxxxx at or on behalf of CSMC, alone or jointly with Licensee, and any patents and/or patent applications (including provisional patent applications) in any other country corresponding to any of the foregoing, and all divisions, continuations, continuations-in-part, reissues, reexaminations, supplementary protection certificates and extensions thereof, whether domestic or foreign, and any patent that issues thereon. Future Patent Rights shall be owned (i) by CSMC if invented by CSMC; or (ii) jointly owned by CSMC and Licensee if jointly invented by CSMC and Licensee. For the avoidance of doubt, Inventions that are the subject of a continuation-in-part application that claims priority to the Patent Rights are licensed under this Agreement, and are not considered Future Patent Rights.
Examples of Future Patent Rights in a sentence
If required, each Party receiving a license under Future Patent Rights shall use commercially diligent efforts to satisfy any applicable requirements under the HSR Act, and the regulations promulgated thereunder or other applicable Federal Trade Commission or Department of Justice regulations, including by making an initial HSR Act filing as soon as practicable after the exercise of the option to obtain such a license pursuant to this Section 2(c).
The licenses granted under this Section 2(c) with respect to such Future Patent Rights shall not be effective until the date of either (A) satisfaction of any such requirements and the expiration or termination of all applicable HSR Act waiting periods (including any extensions thereof) or (B) the mutual written agreement of JHU and each Party receiving a license under such Future Patent Rights that no HSR Act filings are required.
The failure of such Party to exercise such right to negotiate, or the failure of such Party and JHU to reach agreement on the terms on which the license to such Party under such Future Patent Rights shall be made exclusive in its Exclusive Field, shall not affect such Party’s non-exclusive license under such Future Patent Rights in its Exclusive Field.
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If such Party exercises such right of negotiation, JHU and such Party shall negotiate in good faith (for a period not to exceed [**] days after notice of exercise, extendable upon mutual agreement) on reasonable terms to make the license to such Party under such Future Patent Rights exclusive in such Party’s Exclusive Field.
More Definitions of Future Patent Rights
Future Patent Rights means all Patents other than Patent Rights that (a) are Controlled by PFIZER or its Affiliates during the term of the Agreement and (b) [***]. For the avoidance of doubt, to the extent included in the foregoing, “Future Patent Rights” shall:
Future Patent Rights means (i) all patents and patent applications that claim a Collaboration Compound or method of use or process thereof conceived and reduced to practice by CombiChem in the period from the Effective Date until the expiration of the Exclusivity Period and (ii) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in (i) above, and any substitutions, confirmations, registrations, revalidations or additions of any of the foregoing, in each case, which is owned or controlled, in whole or part, by license, assignment or otherwise by CombiChem or its Affiliates during the term of this Agreement. Excluded from Future Patent Rights are patents and patent applications otherwise included in Existing Patent Rights in this Agreement.
Future Patent Rights means any patents and/or patent applications claiming Inventions invented after the Effective Date through any use of the Patent Rights and Technology licensed hereunder arising from work conducted or overseen by the Inventors in connection with their employment by CSMC, and any patents and/or patent applications (including provisional patent applications) in any other country corresponding to any of the foregoing, and all divisions, continuations, continuations-in-part, reissues, reexaminations, supplementary protection certificates and extensions thereof, whether domestic or foreign, and any patent that issues thereon; provided that only those patents and patent applications which are owned or controlled by CSMC shall be deemed to be “Future Patent Rights”. Notwithstanding anything to the contrary in the foregoing, “Future Patent Rights” shall not include any patent right included in the Patent Rights, including any patents and/or patent applications which claim or cover any Related Invention(s).
Future Patent Rights shall not include any patent right included in the Patent Rights, including any patents and/or patent applications which claim or cover any Related Invention(s).
Future Patent Rights means any patents and/or patent applications claiming Inventions invented after the Effective Date through any use of the Patent Rights licensed hereunder arising from work conducted by Xxxxxx or Xxxxx or under the direction of Xxxxxx or Xxxxx as sole principal investigator for CSMC or UCLA, respectively, and any patents and/or patent applications (including provisional patent applications) in any other country corresponding to any of the foregoing, and all divisions, continuations, continuations-in-part, reissues, reexaminations, supplementary protection certificates and extensions thereof, whether domestic or foreign, and any patents that issue thereon.
Future Patent Rights means all improvements or enhancements to the Patent Rights that, after the Effective Date, are conceived and reduced to practice if patentable, or reduced to practice if not patentable, by at least one Inventor using any facilities, resources or personnel of CSMC.
Future Patent Rights means (a) any patents and/or patent applications claiming Inventions that: (i) after the Effective Date of the Original License, arise from work conducted by or under the direction of Marbán at or on behalf of CSMC through any use of the Patent Rights or Know-How that were licensed to Licensee as of the Effective Date of the Original License, alone or jointly with Licensee, and (ii) relate to cell therapy and/or exosomes; (b) any patents and/or patent applications (including provisional patent applications) in any other country corresponding to any of the foregoing, and all divisions, continuations, continuations-in-part, reissues, reexaminations, supplementary protection certificates, and extensions thereof, whether domestic or foreign; and (c) any patent that issues thereon. Future Patent Rights shall be owned (i) by CSMC if invented by CSMC; or (ii) jointly owned by CSMC and Licensee if jointly invented by CSMC and Licensee. For the avoidance of doubt, Inventions that are the subject of a continuation-in-part application that claims priority to the Patent Right are licensed under this Agreement and are not considered Future Patent Rights.”