Genentech IP definition
Examples of Genentech IP in a sentence
For the sake of clarity, royalties paid under this Section 9.4.7 shall be mutually exclusive of royalties to be paid under Sections 9.4.1-9.4.6; in no event shall royalties be paid under this Section 9.4.7 on Net Sales of Termination Products Covered by a Valid Patent Claim of the Genentech IP Rights.
Unless otherwise mutually agreed by the Parties, both during and after the Term of this Agreement, all costs of prosecuting and maintaining Genentech IP Rights shall be Genentech’s sole responsibility.
In addition, ACI shall promptly notify Genentech, in writing, upon learning of any actual or suspected infringement of the Genentech IP Rights by a Third Party, or of any claim of invalidity, unenforceability, or non-infringement of the Genentech IP Rights, and shall, along with such notice, supply Genentech with all evidence in its possession pertaining thereto.
Any determination of inventorship with respect to any Patent within the ACI IP Rights, Program IP Rights, or Genentech IP Rights shall be made in accordance with the applicable United States patent laws.
As between the Parties, Genentech shall have at its own cost the sole right, but not the obligation, to seek to ▇▇▇▇▇ any actual or suspected infringement of the Genentech IP Rights by a Third Party, or to file suit against any such Third Party.
Genentech shall require all of its employees, contractors and agents, and any Affiliates and Third Parties working on its behalf under this Agreement (and their respective employees, contractors and agents), to assign to Genentech any Program IP Rights and Genentech IP Rights, created, discovered, conceived or reduced to practice by such employees, contractors or agents or Affiliates or Third Parties.
As between the Parties, Genentech shall, at its sole discretion and expense, have the right (but not the obligation) to Prosecute and Research Collaboration and License Agreement (Tau) 22 CONFIDENTIAL FINAL EXECUTION VERSION Maintain Patents within the Genentech IP Rights, but excluding [*****] and [*****].
In the event that such intellectual property would, if it were made by a Party, be BioNTech IP or Genentech IP, then such intellectual property is hereby licensed to the other Party subject to Section 9.1 or 9.2, as applicable.
To the knowledge of Genentech, no Person is infringing or threatening to infringe or misappropriating or threatening to misappropriate the Genentech Core Patents (including pending applications and registrations therefor as if such applications or registrations were to issue or become registered) or any Neoepitope Prediction Algorithm within the Genentech IP.
Notwithstanding the licenses granted in Section 9.2.1, nothing in this Agreement shall be deemed to grant to BioNTech any license or other rights under the Genentech IP to [***].