Examples of Licensed Human Therapeutic Product in a sentence
Wyeth shall keep for three (3) years from the date of each payment of royalties complete and accurate records of sales by Wyeth of each Licensed Human Therapeutic Product in sufficient detail to allow the accruing royalties to be determined accurately.
OSI will cooperate with Wyeth at Wyeth's expense in the defense of any suit, action or proceeding against Wyeth or any sublicensee of Wyeth alleging the infringement of the intellectual property rights of a third party by reason of the use of Patent Rights or Technology in the manufacture, use or sale of any Licensed Human Therapeutic Product.
Wyeth shall pay OSI a royalty based on the Net Sales of each Licensed Human Therapeutic Product, the manufacture, use or sale of which would infringe a Valid Claim within OSI Patent Rights or Wyeth Patent Rights if such manufacture, use or sale were by an unlicensed third party or which employs OSI Technology or Wyeth Technology.
Wyeth shall pay OSI a royalty based on the Net Sales in each country of each Licensed Human Therapeutic Product, the manufacture, use or sale of which would infringe a Valid Claim within OSI Patent Rights or Wyeth Patent Rights if such manufacture, use or sale were by an unlicensed third party or which employs OSI Technology of Wyeth Technology.
Such royalty shall be paid from the date of first commercial sale of each such Licensed Human Therapeutic Product until the expiration of the last applicable patent to expire or ten (10) years from the date of such first commercial sale, whichever is later.
Such royalty shall be paid in each country of the Territory from the date of first commercial sale of each such Licensed Human Therapeutic Product in each such country until the expiration of the last applicable patent to expire with respect to each such country or ten (10) years from the date of such first commercial sale in each such country, whichever is later.
Such payments shall be accompanied by a statement showing the Net Sales of each Licensed Human Therapeutic Product by Wyeth or any sublicensee of Wyeth in each country of the Territory and a calculation of the amount of royalty due.
If OSI is of the opinion that such manufacture, use or sale would not infringe such patent owned by a third party, OSI may, at its election, bring suit against such third party seeking a declaration that such patent is invalid or not infringed by Wyeth's manufacture, use or sale of the Licensed Human Therapeutic Product involved, or may bring opposition, nullity or other proceedings against such patent, as appropriate.
OSI shall provide to Wyeth or any sublicensee of Wyeth, at Wyeth's request and expense, any assistance reasonably necessary to enable Wyeth or such sublicensee to manufacture, use or sell each Licensed Human Therapeutic Product and to enjoy fully all the rights granted to Wyeth pursuant to this Agreement.
If the manufacture, use or sale by Wyeth of a Licensed Human Therapeutic Product in any country would, in the opinion of both Wyeth and OSI, infringe a patent owned by a third party, Wyeth and OSI shall attempt to obtain a license under such patent.