Licensed Assay definition

Licensed Assay means an Assay that utilizes at least one Molecular Beacon Probe, wherein the Molecular Beacon Probe itself, or any combination of reagents used in the Assay, or the manufacturing or importation of either the Molecular Beacon Probe or the combination of reagents, or the Assay itself is covered by at least one Valid Claim of PHRI Patent Rights.
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Licensed Assay means the defined assays specified in Schedule C, that are in the Field, and that incorporate either a Juneau Invention or a Joint Invention, or any combination thereof, if either (i) the promoting, marketing, manufacturing, making, using, selling, offering for sale, importing, or practicing of such Assay would, in the absence of authority from the person who Controls such Intellectual Property, infringe any Valid Claims (the “Patented Assays”); or (ii) other than Patented Assays, the promoting, marketing, manufacturing, making, using, selling, offering for sale, importing, or practicing of such Assay would, in the absence of authority from the person who Controls such Intellectual Property, infringe or misappropriate any Licensed IP (the “IP Assays”).
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Licensed Assay means an Assay in the Licensed Field of IVD, where the Assay itself or any composition or material used in the Assay would, but for license rights from PHRI, infringe at least one Valid Claim of PHRI Patent Rights.
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Examples of Licensed Assay in a sentence

  • The earned royalty for each Licensed Kit and each Licensed Assay shall be determined according to the remainder of this section.

  • GEN-PROBE shall also pay to PHRI an earned royalty for each performance of a Licensed Assay (other than an Assay performed by a customer using a Licensed Kit).

  • GEN-PROBE shall also pay to PHRI an earned royalty for each performance of a Licensed Assay (other than an Assay performed by a customer using a Licensed Kit) by GEN-PROBE or a commercial ally.

  • LabCorp contended that because the Abbott Test did not infringe the ’658 patent it was not a Licensed Assay as defined by the License Agreement.

  • Predictive shall create and develop the Promotional Materials relating to the Licensed Assay as are determined by Predictive to be necessary or appropriate for use in Predictive’s promotional activities.

  • Juneau shall make available to Predictive such information and knowledge in Juneau’s possession concerning the Licensed Assay, its qualities and uses, and techniques and methods of promoting or marketing such, as will aid Predictive in improving the sales of the Licensed Assay.

  • In no event shall any material change, improvement or modification to a Licensed Assay (including the Kits) or to the Specifications therefor be implemented without the prior written approval of the parties.

  • If a third party to this agreement expresses a desire to market Licensed Assays outside the Territory Predictive will make a best effort to expedite the good faith negotiation to sell the Licensed Assay or allow Juneau to be free to negotiate the finalize license agreement with third party for promotion rights of Licensed Assay outside the Territory.

  • Rather, LabCorp maintains that because Metabolite I dealt solely with the Homocysteine-Only Test, this was the only contract term before the Court and jury.The terms of the License Agreement, controlled by New Jersey state law,64 confirm that bifurcation of an individual Licensed Assay from the License Agreement was both anticipated and desired by the parties.

  • Each party shall be responsible for all promotional costs that such party incurs in connection with the marketing and sale of the Licensed Assay.

Related to Licensed Assay

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Licensed producer means a person or entity licensed to produce medical cannabis.

  • Licensed Technology means the Licensed Patents and the Licensed Know-How.

  • Licensed System means, collectively:

  • Licensed Product means a product, method or service in the Licensed Field of Use, the making, having made, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent.

  • Licensed Compounds means any EZH2 Compound(s) that is:

  • Licensed Materials means any materials that Executive utilizes for the benefit of the Company (or any Subsidiary thereof), or delivers to the Company or the Company’s Customers, which (a) do not constitute Work Product, (b) are created by Executive or of which Executive is otherwise in lawful possession and (c) Executive may lawfully utilize for the benefit of, or distribute to, the Company or the Company’s Customers.

  • Licensed Territory means worldwide.

  • Licensed Field means all fields of use.

  • Licensed Program means the executable processing programs of licensed information, which is composed of various modules in the Licensed Software package provided by the Licensor.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • complex product means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.

  • Hemp product means the same as that term is defined in § 3.2-4112.

  • Licensed Field of Use means all fields.

  • Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.

  • Licensed Services means all functions performed by the Licensed System.

  • Licensed service area means the geographic area in which the home service provider is authorized by law or contract to provide commercial mobile radio service to the customer.

  • Licensed Programs means, collectively, NeoSystems’ and any Third Party Vendor computer software programs to be provided to Client for use on certain hardware on Client’s premises or a third party’s premises as set forth in an Agreement. The Licensed Programs shall include any fixes, work-arounds, updates, revisions, modifications, enhancements and any derivative works that are provided to Client by NeoSystems under an Agreement.

  • Licensed Fields of Use means the fields of use identified in Appendix B.

  • Hemp products means all products made from industrial hemp,

  • Licensed Site means a place in any authorised street at which street trading may be engaged in by a Licence Holder, and includes any temporary alternative place approved by the Council or a duly authorised Officer of the Council.

  • Licensed Area means the area in which the Licensee is authorised to

  • Licensed Compound means [***].

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Product Technology means the Product Know-How and Product Patents.

  • Licensed Know-How means all Know-How that (a) is Controlled by Pfizer or any of its Affiliates as of the effective date of the Pfizer-MPP Agreement, (b) directly relates to the use of the Compound, Product or Licensed Product in the Field, and (c) is not in the public domain or otherwise generally known. For the avoidance of doubt, (i) Licensed Know-How shall not include any Know-How to the extent solely and directly related to any other Pfizer compound or to the extent related to the use of the Compound, Product or Licensed Product outside the Field and (ii) Licensed Know-How includes only that Know-How, designated by Pfizer in its sole discretion, necessary for the manufacture, registration and commercialization of the Compound and/or Licensed Product for use in the Field. For the avoidance of doubt, Licensed Know-How excludes any Know-How related to ritonavir that has been (either as of the Effective Date or at any time during the term of this Agreement) in-licensed by Pfizer from any Third Party.