SDS Patents definition

SDS Patents means all Patent Rights owned or Controlled by SDS that would be infringed, or that SDS asserts would be infringed, by the manufacture, use, sale, distribution, import or export of the HIV Barrel Products or New HIV Barrel Products, whether in existence now or in the future, including but not limited to those listed in Schedule B.
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Examples of SDS Patents in a sentence

  • The owner of Intellectual Property Rights (the “Patent Owner”) (for example, Inverness in the case of the Inverness Lateral Flow Patents, Chembio in the case of the Chembio IP and SDS in the case of the SDS Patents) shall have the sole right to prepare, file, prosecute, obtain and maintain throughout the world, and otherwise take all Patent Prosecution Actions with respect to its Intellectual Property Rights as such Patent Owner shall deem to be appropriate in its discretion.

  • Subject to Sections 2.2(d) and 2.3(a) hereof, the foregoing rights and licenses are exclusive to Inverness in connection with marketing, distributing and selling, and exclusive to Chembio in connection with manufacturing, and neither SDS nor Chembio shall utilize or practice, or grant any rights to any Third Party under the SDS Patents (in the case of SDS) or the Chembio IP (in the case of Chembio) in the Barrel Field.

  • Rainfall replenishes reservoirs and shallow aquifers, providing 65 percent of Oman’s water needs.

  • To the extent that Licensor elects to file or maintain registrations for Licensed Trademarks that cover both Licensed Products and Licensor Products, Licensor shall take such action at Licensor’s expense.

  • Chembio, having investigated and analyzed the SDS Patents during the course of the Pending Litigation, hereby acknowledges that each of the SDS Patents is valid and enforceable.

  • Chembio, having investigated and analyzed the SDS Patents, hereby acknowledges that each of the SDS Patents is valid and enforceable.

  • In all jurisdictions where such agreement is permitted by law, and to the maximum extent so permitted: (a) SDS and Chembio each agrees not to Challenge any Patent Rights of Inverness or its Affiliates in the Inverness Lateral Flow Patents listed on Schedule F; (b) Inverness and Chembio each agrees not to Challenge the Patent Rights in the SDS Patents licensed hereunder, and (c) Inverness and SDS each agrees not to Challenge the Patent Rights in the Chembio Listed Patents.

  • Chembio has brought an action against SDS (Civil Action No. 04-CV-1149) in the United States District Court for the Eastern District of New York seeking a declaration of invalidity of the SDS Patents, a declaration of unenforceability of the SDS Patents and a declaration of non-infringement of the SDS Patents by the HIV Barrel Product (the “Pending Litigation”).

  • Nothing herein shall grant any rights under any SDS Patents to Chembio for any products other than HIV Barrel Products.

  • SDS agrees not to bring (and shall cause its Affiliates not to bring) an infringement action under the SDS Patents against Chembio with respect to any product in the Barrel Field for the diagnosis or detection of HIV infection that is being jointly marketed and sold by SDS and Chembio under the 3-Way Agreement or the Joint HIV Barrel Product Commercialization Agreement.

Related to SDS Patents

  • 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.

  • 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).”

  • 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.

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

  • Licensed Patent Rights means:

  • 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.

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

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

  • 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 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.

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

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

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

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

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

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

  • 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.

  • 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.

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

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

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

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

  • Licensed IP Rights means, collectively, the Licensed Patent Rights and the Licensed Know-How Rights.

  • Patent Application means an application for patent protection for a CRADA Subject Invention with the United States Patent and Trademark Office (“U.S.P.T.O.”) or the corresponding patent-issuing authority of another nation.

  • Joint Intellectual Property Rights means any work under the Subcontract, which: