THALIDOMIDE definition
Examples of THALIDOMIDE in a sentence
In the event that a DJ ACTION relating to the making, using, offering for sale, selling or importing of a product that is or contains THALIDOMIDE ("THALIDOMIDE DJ ACTION") is brought against CMCC, CELGENE, ENTREMED or BIOVENTURE concerning any of the PATENT RIGHTS, CELGENE, at its option, shall have the right, within thirty (30) days after commencement of such THALIDOMIDE DJ ACTION, to intervene, as applicable, and to assume control of the defense of such DJ ACTION, at its sole expense.
Except as otherwise stated in Section 7.5 of this Agreement, ENTREMED shall have the sole right, but not the obligation, to grant a sublicense of its rights hereunder for future use of any THALIDOMIDE PATENT RIGHTS and/or MIXED PATENT THALIDOMIDE CLAIMS in connection with any NON-THALIDOMIDE DJ ACTION.
If the FDA withdraws or recalls THALIDOMIDE from the market permanently, or in any other way permanently revokes or terminates CELGENE's regulatory approval to market and sell THALIDOMIDE and/or PRODUCTS, CELGENE shall promptly notify CMCC and BIOVENTURE in writing, and this Agreement and all of CELGENE's, CMCC's, BIOVENTURE's and ENTREMED's rights and obligations hereunder shall terminate with respect to THALIDOMIDE and/or such PRODUCTS, as applicable, upon receipt by CMCC and BIOVENTURE of such notice.
CMCC, ENTREMED and BIOVENTURE shall each have the right, at its own expense, to join any THALIDOMIDE DJ ACTION defended by CELGENE hereunder, to the extent same are INTERESTED PARTIES therein.
If, at any time during the term of this Agreement, any party hereto furnishes notice, pursuant to Section 7.2(a), of a THALIDOMIDE INFRINGEMENT, then CELGENE shall have the right, but not the obligation, to bring a suit or action to compel termination of such infringement, at CELGENE's sole expense.
CMCC hereby grants to CELGENE an exclusive, worldwide right and license under the THALIDOMIDE PATENT RIGHTS and the MIXED PATENT RIGHTS, subject to the provisions of Sections 2.2 and 2.6 herein, to make, have made, use, lease, offer for sale, sell and import PRODUCTS and practice LICENSED METHODS in the FIELD.
In any such suit or action that involves any MIXED PATENT THALIDOMIDE CLAIMS, all INTERESTED PARTIES shall consult and cooperate in good faith to the extent any argument, claim, counterclaim or defense advanced by any party to such suit or action actually or potentially impacts the rights of any other INTERESTED PARTY including, without limitation, with respect to any claim construction and infringement issues.
If the FDA withdraws or recalls THALIDOMIDE from the market permanently, or in any other way revokes or terminates CELGENE's regulatory approval to market and sell THALIDOMIDE and/or PRODUCTS, CELGENE shall promptly notify ENTREMED in writing, and this Agreement and all of CELGENE's and ENTREMED's rights and obligations hereunder shall terminate upon receipt by ENTREMED of such notice.
If the parties determine that such infringement is both a THALIDOMIDE INFRINGEMENT and a NON-THALIDOMIDE INFRINGEMENT, the parties shall cooperate in good faith to effectuate the applicable provisions of this Section 7 to the fullest extent possible, taking into account the relative commercial interests of the parties.
ENTREMED agrees that all rights ENTREMED may have in any THALIDOMIDE INVENTION, and any obligations of CMCC to disclose to ENTREMED a THALIDOMIDE INVENTION or to grant to, or negotiate with, ENTREMED a license to a THALIDOMIDE INVENTION, shall be subject to the terms of Sections 2.2.2, 2.2.3 and 2.