PATENTED DEVICES definition

PATENTED DEVICES means any and all devices and use of same that is covered by the DEVICE PATENT RIGHTS, and in particular, the devices are those used for the electroporation of DNA to animals or cells of an animal that is not human.

Examples of PATENTED DEVICES in a sentence

  • Such royalty payments shall terminate on a product-by-product and country-by-country basis upon the later of (a) the date which is ten (10) years after the date of the first SALE of such DEVICE FACILITATED PRODUCT or PATENTED DEVICE in such country, and (b) in any country in which patent rights exist for any DEVICE PATENT RIGHTS, the date of expiration of the last-to-expire patent in such country, within the definition of DEVICE PATENT RIGHTS, with an enforceable claim covering the PATENTED DEVICES.

  • VGXAH hereby grants VGXP an exclusive option to acquire an exclusive or non-exclusive, worldwide, royalty-bearing license to any and all rights owned by VGXAH in the VGXAH INTELLECTUAL PROPERTY that results or is derived from VGXAH’s research and development related to the MFG PROCESSES or PATENTED DEVICES, exercisable at VGXP’s sole discretion.

  • Upon reasonable prior notice to VGXAH, VGXAH shall provide VGXP (or an independent, certified public accounting firm selected by VGXP and reasonably acceptable to VGXAH) with access, during normal business hours, to all books and records relating to the SALES of DEVICE FACILITATED PRODUCTS and/or PATENTED DEVICE(S) by VGXAH to conduct a review or audit of those books and records solely for purposes of verifying royalties paid or due under this NONEXCLUSIVE LICENSE.

  • VGXP SHALL NOT BE LIABLE TO VGXAH, VGXAH’S SUCCESSORS OR ASSIGNS OR ANY THIRD PARTY WITH RESPECT TO: ANY CLAIM ARISING FROM USE OF THE DEVICE PATENT RIGHTS, MFG PATENT RIGHTS, PATENTED DEVICES, OR MFG PROCESSES, OR ANY OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT OR FROM THE MANUFACTURE, USE OR SALE OF DEVICE FACILIATED PRODUCTS OR PATENTED DEVICES; OR ANY CLAIM FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

  • IMPROVEMENTS shall mean all inventions for which patent applications are or may be filed, whether ultimately patentable or not, that are conceived or first reduced to practice by VGXAH that incorporate or otherwise expand on inventions that are subject to DEVICE PATENT RIGHTS and that relate to the make, use, import, sale, or offer of sale of PATENTED DEVICES.

  • All payments to VGXP under this NONEXCLUSIVE LICENSE shall be made in United States dollars by check payable to “VGX Pharmaceuticals.” If VGXAH receives revenues from SALES of DEVICE FACILITATED PRODUCTS or PATENTED DEVICES in currency other than United States dollars, revenues shall be converted into United States dollars at the conversion rate for the foreign currency as published in the eastern edition of The Wall Street Journal as of the last business day of the applicable CALENDAR QUARTER.

  • BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, VGXP MAKES NO REPRESENTATIONS OR WARRANTIES (i) OF COMMERCIAL UTILITY; (ii) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (iii) THAT THE USE OF THE DEVICE PATENT RIGHTS, MFG PATENT RIGHTS, PATENTED DEVICES, OR MFG PROCESSES, OR ALL OTHER TECHNOLOGY LICENSED UNDER THIS AGREEMENT WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK OR OTHER PROPRIETARY RIGHTS OF OTHERS.

  • Upon the termination of this AGREEMENT, VGXAH shall at its own expense forthwith remove, efface or destroy all references to VGXP from all advertising or other materials used in the promotion of VGXAH’s, or SUBLICENSSE’s, business and VGXAH and SUBLICENSEE(S) shall not represent in any manner that it has rights in or to any one or more of the DEVICE PATENT RIGHTS, MFG PATENT RIGHTS, PATENTED DEVICES, or MFG PROCESSES.