Patent Coverage definition
Examples of Patent Coverage in a sentence
If either Party initiates a dispute in accordance with Section 6.4 (Patent Coverage Disputes) or Section 13.3 (Governing Law; Exclusive Jurisdiction) to resolve a dispute or controversy in connection with the material breach for which termination is being sought and is diligently pursuing such procedure, then the cure period set forth in this Section 11.2 (Termination for Cause) will be tolled during the pendency of such dispute resolution procedure.
Cook shall ▇▇ deemed to have "Patent Coverage" for a particular Eligi▇▇▇ Product in a country if there is valid claim that, but for the licenses granted to Cook under this Agreement, would be infringed by the manufacture, use ▇▇ sale of such Eligible Product in such country or by the manufacture of such Eligible Product in the country of manufacture.
Further notwithstanding anything to the contrary in this Section 8.5 (Patent Challenge Remedy) or elsewhere in this Agreement, BioMarin may not terminate this Agreement or the License Agreement as a result of a Patent Coverage Dispute (as defined in the License Agreement) under Section 6.4 (Patent Coverage Disputes) of the License Agreement.
In the event that ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Vice President, Chief Intellectual Property Counsel, on behalf of Sarepta, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Vice President, Intellectual Property, on behalf of BioMarin, or their respective successors are unable to resolve such Patent Coverage Dispute within 60 days following the provision of such notice, such Patent Coverage Dispute will be resolved through binding arbitration as set forth in this Section 6.4 (Patent Coverage Disputes).
In countries where no Patent Coverage exists for a Licensed Product sold in such country, then the applicable royalty rates provided in Section 5.3.1 shall be reduced by Fifty Percent (50%), and shall be paid in consideration for the licensed know-how.
Notwithstanding anything to the contrary in this Section 2.1 (Settlement of Actions and Future Conflicts) or elsewhere in this Agreement, Sarepta may bring a Patent Challenge under Section 6.1.3 (Prosecution Dispute Escalation) of the License Agreement and Sarepta and BioMarin may initiate and resolve a Patent Coverage Dispute (as defined in the License Agreement) under Section 6.4 (Patent Coverage Disputes) of the License Agreement.
If, during the term of the BSC License, BSC does not have de facto exclusivity for a particular Eligible Product in a particular country and there is no Patent Coverage for such Eligible Product in that country, but an NIH Royalty is still payable by Angiotech for Net Sales by BSC of such Eligible Product in such country, BSC shall be responsible for the payment of such NIH Royalty during such period(s).
In countries where no Patent Coverage exists with respect to the Licensed Product sold in such country in the Territory, three (3) percent of all Revenue.
If, during the term of the Cook License, Cook ▇▇▇▇ not have de facto exclusivity for a particula▇ ▇▇igible Pro▇▇▇▇ in a particular country and there is no Patent Coverage for such Eligible Product in that country, but an NIH Royalty is still payable by Angiotech for Net Sales by Cook of such Eligible Product in such country, Cook shall be responsi▇▇▇ for the payment of such NIH Royalty during ▇▇▇▇ period(s).
In countries where no Patent Coverage exists for the Selected Licensed Product sold in such country, then the applicable royalty rates provided in section 5.3.1 shall be reduced by Fifty Percent (50%), and shall be paid in consideration for the licensed know-how.