XOMA Patents definition

XOMA Patents means the XOMA Core Patents and XOMA Background Patents.
XOMA Patents mean any Patents, other than any Patents that are part of any Acquiror IP, that are Controlled by XOMA or its Affiliates [*], that claim the Antibody and/or any Products and/or the use, manufacture or sale thereof, [*] including those set forth on EXHIBIT A.
XOMA Patents means (a) all patent applications filed or having legal force in any country throughout the world owned by or licensed to XOMA Ireland or to which XOMA Ireland otherwise acquire rights, which claim BPI, a compound or composition containing BPI or a XOMA Invention or a method or process for making or using BPI or a XOMA Invention, together with any and all patents that issue therefrom, including utility, model and design patents and certificates of invention, and (b) all divisionals, continuations, continuations-in-part, reissues, re-examinations, renewals, extensions or additions to any such patents and patent applications; all to the extent and only to the extent that XOMA Ireland hereafter will have the right to grant licenses, immunities or other rights thereunder. The current list of patent applications and patents encompassed within this definition is set forth in [*]

Examples of XOMA Patents in a sentence

  • XOMA Ireland represents and warrants that the only Third Party license for the XOMA Know-How, XOMA Patents or XOMA Inventions as of the date of this Agreement is the Existing Licenses.

  • This Agreement shall commence on the Effective Date and shall continue in full force and effect, unless otherwise terminated pursuant to Section 4.2, until the expiration of the last valid claim of the XOMA Patents in all countries in the Territory (the “Term”).

  • Except as otherwise provided in this Section 9.3(b)(i), XOMA shall be solely responsible for the preparation, filing, prosecution and maintenance of the XOMA Patents in its own name, and Joint Invention Patents in the name of Servier and XOMA, in the Licensed Territory, using patent counsel reasonably acceptable to Servier.

  • XOMA Know-How and XOMA Patents and XOMA's rights in the Joint Inventions and Joint Patents to make, have made, use, sell, offer to sell, import and/or export Products in the Field.

  • The Parties shall discuss and confer with respect to the overall patent strategy with respect to the XOMA Patents and any Joint Invention Patents in the Licensed Territory.

  • XOMA shall have the first right, but shall not be obligated, to bring an infringement action against any person or entity engaged in a Product Infringement of the XOMA Patents and Joint Invention Patents in the Licensed Territory, at XOMA’s cost and expense.

  • XOMA grants to Genentech a worldwide license under the XOMA Patents and XOMA Know-How in the Field to develop, make, have made, use, sell, offer for sale, have sold and import Licensed Products.

  • XOMA shall keep Servier advised of the status of all communications and actual and prospective filings and submissions regarding the XOMA Patents and Joint Invention Patents in the Licensed Territory, and shall give Servier a reasonable opportunity (but in no event less than ten (10) business days) to review and comment on any such communications, filings, filing date and submissions proposed to be sent to any patent office.

  • Novartis shall not, and shall not permit any of its Affiliates or sublicensees to, practice or use any of the XOMA Patents or XOMA Know-How outside of the scope of the license granted under Section 3.1.1.

  • As of the date of this Agreement, no claim is pending or, to the best of XOMA Ireland's knowledge, threatened, to the effect that any XOMA Patents owned or licensed by XOMA Ireland, or which XOMA Ireland otherwise has the right to use, is invalid or unenforceable by XOMA Ireland, and, to the best of XOMA Ireland's knowledge, there is no such claim, whether pending or threatened.


More Definitions of XOMA Patents

XOMA Patents means all Patents Controlled by XOMA or its Affiliates as of the Effective Date or during the Term, excluding Collaboration Patents, that are necessary or reasonably useful for the Development or Commercialization of any Product in the Field in the Zydus Territory or the manufacture of a Product in the Zydus Territory or the XOMA Territory, but excluding (a) any Patents to the extent claiming the manufacture, use or sale of any active ingredient other than a XOMA Antibody or IL-2, and (b) any Patents licensed to XOMA or its Affiliates by a Third Party pursuant to a license agreement that is not a Third Party License.
XOMA Patents means any and all Patents owned or Controlled in whole or in part by XOMA that are necessary to make, use, sell, import, or offer for sale Licensed Product in the Field, including XOMA’s interest in any Patents owned jointly by the Parties as provided hereunder. In addition, the following terms have the meanings given them in the corresponding Sections of this Agreement: Term Section Agreement Introduction Approved Budget 3.9 Article 11 Dispute 11.1 CGL 10.3 Confidential Information 5.1 Effective Date Introduction Filing Party 6.3(b) First Amended and Restated Agreement Recitals Genentech Introduction Genentech Inventions 6.1 Initial U.S. Royalty Period 3.4(a)(1) Initial Ex-U.S. Royalty Period 3.4(a)(2) Joint Inventions 6.1 Joint Patents 6.1 Losses 10.1(a) Non-Anti-CD18 Anti-LFA1 Protein Product 3.4(b)(1) Note Agreement Recitals Original Agreement Recitals Oxford Agreement Recitals Party/Parties Introduction PL 10.3 Relevant Information 8.1 Security Agreement Recitals Serious Adverse Event 8.5 Signature Date Introduction Term 9.1 Unexpected Adverse Event 8.5 XOMA Introduction XOMA Inventions 6.1

Related to XOMA 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.

  • 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.

  • Licensed Patent Rights means:

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

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

  • 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.

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

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

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

  • 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).”

  • 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.

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

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

  • 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.

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

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

  • 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.

  • 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.

  • 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.

  • 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 IP means Joint Know-How and Joint Patents.

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

  • 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.

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

  • Program Technology means Program Know-How and Program Patents.

  • Product Technology means the Product Know-How and Product Patents.