NEKTAR AL PATENT RIGHTS definition

NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS owned or CONTROLLED by NEKTAR AL as of the EFFECTIVE DATE or during the TERM of this AGREEMENT, that are necessary or useful to develop, make, have made, use, sell, have sold and import the SELECTED PRODUCT pursuant to the license provided in Article 2, including all legal rights conferred upon NEKTAR AL under such PATENTS and PATENT APPLICATIONS, and all PATENTS issuing from PATENT APPLICATIONS, and CONFIDENTIAL [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. all foreign counterparts of such PATENTS and PATENT APPLICATIONS, including without limitation any PATENTS or PATENT APPLICATIONS claiming INVENTIONS made pursuant to this AGREEMENT that are CONTROLLED by NEKTAR AL. Schedule VI lists the PATENTS included in the NEKTAR AL PATENT RIGHTS.
NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL that pertain to PEGYLATION and that, but for the grant of the LICENSES, would necessarily be infringed by the manufacture (including the use of the REAGENT therefor), use, import, offer for sale or sale of the PRODUCT. SCHEDULE IV sets forth the status of the PATENTS included in the NEKTAR AL PATENT RIGHTS as of the EFFECTIVE DATE. SCHEDULE IV may be updated from time to time to list any other PATENTS or PATENT APPLICATIONS which become included in the NEKTAR AL PATENT RIGHTS.
NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL as of the EFFECTIVE DATE or during the TERM which (i) pertain to PEGYLATION and cover the composition, manufacture, sale, import or use of SELECTED PRODUCT, or the use of SELECTED REAGENT to develop, make, have made, use, sell, offer for sale, or import SELECTED PRODUCT, and (ii) subject to Section 1.42 below, are necessary to make, have made, use, sell, have sold, offer for sale and import SELECTED PRODUCT pursuant to the license set forth in Section 2.1. Schedule VI sets forth the status of the PATENT APPLICATIONS and PATENTS included in the. NEKTAR AL PATENT RIGHTS as of the EFFECTIVE DATE. Schedule VI may be updated from time to time to list any other PATENTS or PATENT APPLICATIONS which may become included in the NEKTAR AL PATENT RIGHTS.

Examples of NEKTAR AL PATENT RIGHTS in a sentence

  • NEKTAR AL shall have the right to terminate this AGREEMENT immediately upon written notice if COMPANY or any SUBLICENSEE challenges the validity, scope or enforceability of or otherwise opposes any PATENT included in the NEKTAR AL PATENT RIGHTS or (provided that COMPANY’s sublicense under Section 2.2 is then in effect) the ENZON PATENTS.

  • Neither PARTY grants to the other any rights or licenses, including to any XXXXXX PATENT RIGHTS or XXXXXX KNOW HOW, or NEKTAR AL PATENT RIGHTS or NEKTAR AL KNOW HOW or other intellectual property rights, whether by implication, estoppel or otherwise, except to the extent expressly provided for under this AGREEMENT.

  • PATENT within the NEKTAR AL PATENT RIGHTS which is a GRANT-BACK INVENTION pursuant to Section 12.4.3 and which contains as a named inventor an employee of COMPANY (and/or a THIRD PARTY under authority of COMPANY), then the PATENT ROYALTY otherwise owing under this Article 6 for NET SALES of SELECTED PRODUCT in such country shall be reduced [*].

  • The foregoing shall not apply if COMPANY or its SUBLICENSEES challenge the validity or enforceability of any ENZON LICENSED PATENTS or NEKTAR AL PATENT RIGHTS as a defense against ENZON or NEKTAR AL claiming that the manufacture, use or sale of products, other than the SELECTED PRODUCT, infringes ENZON LICENSED PATENTS or NEKTAR AL PATENT RIGHTS.

  • NEKTAR AL FURTHER PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRACTICE OF THE INVENTIONS DESCRIBED IN THE NEKTAR AL PATENT RIGHTS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.


More Definitions of NEKTAR AL PATENT RIGHTS

NEKTAR AL PATENT RIGHTS means all of the claims in those PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL which (i) pertain to [***].
NEKTAR AL PATENT RIGHTS means all of the PATENTS and PATENT APPLICATIONS CONTROLLED by NEKTAR AL that are necessary or reasonably useful to develop, make, have made, use, sell, have sold, import and export the SELECTED PRODUCT or the SELECTED REAGENT, but with respect to the SELECTED REAGENT, which PATENTS or PATENT APPLICATIONS would otherwise be infringed by COMPANY, its AFFILIATES or SUBLICENSEES but for the grant of licenses under this AGREEMENT. SCHEDULE V sets forth the PATENTS and PATENT APPLICATIONS included in the NEKTAR AL PATENT RIGHTS as of the time this AGREEMENT is executed, and shall be updated by the PARTIES from time to time as needed to list any other PATENTS and PATENT APPLICATIONS which become included in the NEKTAR AL PATENT RIGHTS.
NEKTAR AL PATENT RIGHTS means all PATENTS and PATENT APPLICATIONS (a) that are owned in whole or in part by NEKTAR AL, or licensed to NEKTAR AL, as of the EFFECTIVE DATE, (b) that become owned in whole or in part by NEKTAR AL at any time during the TERM, or (c) that are licensed to NEKTAR AL after the EFFECTIVE DATE, with the right to grant a sublicense, in each of the foregoing cases ((a), (b) and (c)), to the extent that such PATENTS or PATENT APPLICATIONS are infringed (in the case of a pending patent application, would be infringed if granted) by making, having made, using, selling, offering to sell or importing SELECTED PRODUCT and/or the SELECTED REAGENT in accordance with the terms of the license granted under Section 2.1 or Section 3.2 of this AGREEMENT.

Related to NEKTAR AL PATENT RIGHTS

  • Licensed Patent Rights means:

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Joint Patents has the meaning set forth in Section 8.1.

  • Licensee Patents means all Patents that (i) claim any inventions developed by or on behalf of Licensee in the Development, manufacture or Commercialization of any of the Products in the Field pursuant to this Agreement, or (ii) are Controlled by Licensee or its Affiliates during the Term and claim or cover any of the Products (including composition of matter, methods of manufacturing and methods of treatment or use).”

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Joint IP means Joint Know-How and Joint Patents.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

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

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

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

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

  • Program Technology means Program Know-How and Program Patents.

  • Product Infringement has the meaning set forth in Section 9.4(a).

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

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.