Examples of Kite Patents in a sentence
The Parties hereto shall inform each other promptly of any infringement or colorable cause of action for infringement of any Patent Right within the Collaboration Patents, Kite Patents or Amgen Patents, and the Parties shall promptly confer to consider the best appropriate course of action.
Kite will be solely responsible, at its own cost, for preparing, filing, prosecuting (including, but not limited to provisional, reissue, continuing, continuation-in-part, and substitute applications and any foreign counterparts thereof), and maintaining all Kite Patents and conducting any interferences and oppositions or similar proceedings relating to Kite Patents.
In the event that Amgen does not elect to enforce any Patent Right within the Kite Patents or Collaboration Patents, then Kite shall be entitled to do so, unless Amgen has a good faith belief that Kite’s enforcement of such Patent Rights would be reasonably likely to jeopardize the Exploitation of an Amgen Product.
In addition, to the extent the Kite Patents set forth in Table B of Exhibit B (Kite IP) do not Cover the Exploitation of an Amgen Patent in the U.S. or in a country outside the U.S., the royalty rates applicable under this Section 8.2.2 (Additional Amgen Royalty Rate) shall be […***…] percentage points in the U.S., and by […***…] percentage point in a country outside the U.S., from the rates otherwise then in effect under this Section 8.2.2 (Additional Amgen Royalty Rate).
For clarity, no license is hereby extended to Amgen to Exploit any products under the Kite Patents, Kite’s interest in the Collaboration Patents, the Kite Licensed Know-How or its interest in the Collaboration Know-How which are other than Amgen Products or directed against any Targets which are other than Amgen Targets.
Amgen shall not enter into any settlement of any claim described in this Section 9.5.3 (Amgen Enforcement) that admits to the invalidity or unenforceability of any Kite Patents or Collaboration Patents (or otherwise effects the scope, validity or enforceability of such Kite Patents or Collaboration Patents), incurs any financial liability on the part of Kite or requires an admission of liability, wrongdoing or fault on the part of Kite without Kite’s prior written consent.
In connection with any enforcement Action under Section 10.5.2, the enforcing Party shall not enter into any settlement admitting the invalidity of, or otherwise impairing the other Party’s rights in, the Kite Patents or Collaboration Patents without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed.
Kite owns, or has an exclusive license to, the Kite Patents listed on Schedule 1.51 is a complete list of all patents and patent applications Controlled by Kite as of the Effective Date which claim the Licensed Products, or the manufacture or use thereof in the Territory.
All communications between the Parties relating to the preparation, filing, prosecution, or maintenance of the Kite Patents, DS Patents, or Joint Patents, including copies of any draft or final documents or any communications received from or sent to patent offices or patenting authorities with respect to such Patents, shall be considered Confidential Information and subject to the confidentiality provisions of ARTICLE XI.
Kite agrees to register itself, or to cooperate with DS to register, the exclusive license of the Kite Patents granted under Section 2.1.1 to DS in the Territory as a “Senyou Jisshiken” in accordance with Article 77 of the Japanese Patent Law of 1959, or a “Xxxx-Xxxxx Jisshiken” in accordance with Article 34-2 thereof, in Japan, at DS’s request and expense.