Live Claim definition
Examples of Live Claim in a sentence
Novartis shall make the following royalty payments to Infinity on total annual Net Sales of each Drug Product incorporating an Optioned Lead Program Compound or Derivative Compound, for which there is a Live Claim covering such Optioned Lead Program, or the related Optioned Lead Program Compounds, Derivative Compounds or Drug Products, or their uses or manufacture thereof on a country-by-country and Drug Product-by-Drug Product basis.
The know-how period with respect to any Development Candidate or Drug Product incorporating that Development Candidate shall extend after the First Commercial Sale in each country of the Territory for any period or periods not to exceed five (5) years in the aggregate during which no Live Claim exists covering the Development Candidate in such country (each a “Know-How Period”).
Product shall include any Product encompassed by a Live Claim of an issued Combination Patent.
The know-how period with respect to any Development Candidate or Drug Product incorporating that Development Candidate shall extend after the First Commercial Sale in each country of the Territory for any period or periods not to exceed five (5) years in the aggregate during which no Live Claim exists covering the Development Candidate in such country (each a "Know-How Period").
If encompassed by a Live Claim of a Combination Patent, Product containing one or more leukotriene inhibitors and fexofenadine shall be considered a separate and distinct Product, and not a Combination Product.
The Development Option will expire with respect to any Compound as to which the Development Option has not then been exercised at 5:00 P.M. Eastern Standard Time on the expiration date of the last Patent containing a Live Claim covering such Compound.
SCHERING may, at its expense, register the license granted under this Agreement in any country where the use, sale or manufacture of a Drug Product in such country would be covered by a Live Claim.
The term of this Agreement shall extend in each country until the later of: (a) the last to expire of the VERTEX Patents with a Live Claim encompassing a Compound utilized in a Drug Product; or (b) [******]years from the date of First Commercial Sale of a Drug Product in that country; unless earlier terminated in accordance with this Agreement.
Combination Product" shall mean a Product which is comprised in part of Compound, and in part of one or more other active ingredients; provided, however, that Combination Product shall not include any Product all active ingredients of which are recited in a Live Claim of one or more issued Sepracor Patents.
If the disputed matter is not submitted to binding arbitration within the thirty (30) day period, the expert opinion will be final and binding on the parties for the purpose of determining whether the Product at issue is encompassed by a Live Claim of a Sepracor Patent in the country at issue.