Sepracor Know-How means Information not included in the Sepracor Patents or Joint Patents that Sepracor or any of its Affiliates Controls on the Effective Date or during the Research Term that pertains to or arises from the Research Program or the Evaluation, or that is necessary for the development, manufacture, use, offer for sale, or sale of any Product, including, without limitation, all such Information that is conceived or developed by Sepracor or any of its Affiliates in the course and as part of the Research Program or the Evaluation, and, in each case, any replication or any part of such Information; provided, however, that Sepracor Know-How excludes any such Information relating to Eszopiclone Compounds, which is Confidential Information of Sepracor. ***Confidential Treatment Requested
Sepracor Know-How means any of Sepracor's information and materials, relating to the research, development, registration, manufacture, marketing, use or sale of R-fluoxetine or Product which prior to or during the term of this Agreement are developed by or at the request of Sepracor or in Sepracor's possession or control through license or otherwise (provided that Sepracor is permitted to make disclosure thereof to Lilly without violating the terms of any third party agreement), and which are not generally known. Sepracor Know-How shall include, without limitation, discoveries, practices, methods, knowledge, processes, formulas, data, ideas, skill, experience, inventions, technology, trade secrets, manufacturing procedures, test procedures, purification and isolation techniques, instructions, test data and other intellectual property (patentable or otherwise) relating to R-fluoxetine or Product. Sepracor Know-How shall also include, without limitation: (i) all biological, chemical, pharmacological, toxicological, pharmaceutical, physical and analytical, clinical, safety, manufacturing and quality control data and information related to R-fluoxetine; (ii) assays and biological methodology necessary or useful for development, manufacture, use or sale of R-fluoxetine or Product; and (iii) all applications, registrations, licenses, authorizations, approvals and correspondences submitted to or received from any Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. regulatory authorities with jurisdiction over an investigational drug containing R-fluoxetine created by or for Sepracor (including, without limitation, minutes and official contact reports relating to any communications with any regulatory authority with jurisdiction over an investigational drug containing R-fluoxetine).
Sepracor Know-How means all proprietary, non-public Terfenadine Carboxylate Technology, including, without limitation, processes, techniques, formulas, data, methods, equipment designs, know-how, show-how and trade secrets, discoveries, practices, inventions, technology, manufacturing procedures, test procedures, purification and isolation techniques, instructions, test data and other intellectual property, patentable or otherwise, tangible or intangible, that are owned or Controlled by Sepracor as of the Effective Date or which were developed by or at the request of Sepracor prior to or during the term of this Agreement and which are not generally known; provided, however, that "Sepracor Know-How" shall not include any HMR information or materials.
Examples of Sepracor Know-How in a sentence
Sepracor Technology" shall mean the Sepracor Patents, Sepracor Know-How and Improvements.
Sepracor agrees that such technologies and products, to the extent discovered by Lilly without use of Sepracor Know-How or Improvements, will not be deemed to be Sepracor Know-How or Improvements.
Notwithstanding any provision to the contrary in this Agreement, Sepracor shall have the right to use and disclose, in accordance with Section 5.1(a)(iv) or (v) any Sepracor Know-How and Improvements at its sole option and discretion for the limited purpose of filing, prosecuting, and supporting Patent Rights; provided, however, that Sepracor provide prior written notification to Lilly of any such disclosure.
No publication of Sepracor Know-How or Patent Rights may be made without the prior written consent of Sepracor.
Such Sepracor Know-How and other information shall be automatically deemed to be within the scope of the licenses granted herein without payment of any additional compensation.
More Definitions of Sepracor Know-How
Sepracor Know-How means, subject to Section 5.10 and the last sentence of Section 7.6, all present and future scientific, medical, technical, manufacturing, regulatory and other information relating to the Product (including results of any Developmental Study and Data), which are owned or Controlled by Sepracor as of the Effective Date or during the Term of this Agreement. Sepracor Know-How shall include all such items that are generated by or under authority of Sepracor during the Term of this Agreement.
Sepracor Know-How shall not include the closed portions of any such DMF, nor any information contained in any such portions of the DMF and thus, notwithstanding any other provision of this Agreement, Sepracor shall have no obligation to disclose to GSK or any of its Affiliates or Sublicensees the closed portions of such DMFs or any information contained therein. For the avoidance of doubt, Regulatory Authorities in the GSK Territory shall have the right to access the entire DMF, including any closed portions.
Sepracor Know-How means information which (i) as of the effective date hereof, is a trade secret in the sole possession of SEPRACOR, which relates specifically to the manufacture, sale, distribution, registration, use or testing of ACTIVE INGREDIENT or PRODUCT, or (ii) hereafter, during the term of this Agreement, is developed or acquired or used by SEPRACOR as a trade secret and which relates specifically to the manufacture, sale, distribution, registration, use or testing of ACTIVE INGREDIENT or PRODUCT.
Sepracor Know-How means (i) research and development information, unpatented inventions, trade secrets, proprietary materials, or any other proprietary or confidential technical data or information, including without limitation, methods, techniques, processes, specifications, recipes, formulae, designs, plans, drawings, data, protocols or preclinical and clinical studies which are Controlled by SEPRACOR during the Term of this Agreement and (i) are reasonably necessary for the manufacture, development, commercialization, importation, use, sale, or offer for sale of any Licensed Product, or (ii) useful for the manufacture, development, commercialization, importation, use, sale, or offer for sale of the Licensed Products to the extent that SEPRACOR has developed or uses such know-how in connection with the Licensed Products, and (ii) all IND/NDA and any other regulatory filings and correspondence and all data and information submitted in support of such filings or correspondence which are Controlled by SEPRACOR during the Term of this Agreement and which relate solely to the BIA 2-093 or any Licensed Products.
Sepracor Know-How means the Know-How Controlled by Sepracor related to the Compound and/or the Products including, without limitation, their formulation and their use.
Sepracor Know-How means information which (i) as of the effective date hereof, is in the possession of SEPRACOR, which it is allowed to disclose to UCB and which relates specifically to the manufacture, sale, distribution, registration, use or testing of ACTIVE INGREDIENT or PRODUCT, or (ii) hereafter, during the term of this Agreement, is developed solely by SEPRACOR independent of any third party and which relates specifically to the manufacture, sale, distribution, registration, use or testing of ACTIVE INGREDIENT or PRODUCT.
Sepracor Know-How means any of Sepracor's or its Affiliates' information and materials, except as otherwise provided in the last sentence hereof, relating to the research, development, registration, manufacture, marketing, use or sale of Licensed Compound and/or Licensed Product which prior to or during the Term of this Agreement are developed by or at the request of Sepracor or its Affiliates or in Sepracor's or its Affiliates' possession or control through license or otherwise (provided that Sepracor is permitted to make disclosure thereof to Schering without violating the terms of any third party agreement), and which are not generally known. Sepracor Know-How shall include, without limitation, discoveries, practices, methods, knowledge, Improvements, processes, formulas, data, ideas, skill, experience, inventions, know-how, technology, trade secrets, manufacturing procedures, purification and isolation techniques, instructions, test data and other intellectual property, patentable or