Common use of Licensed Product Clause in Contracts

Licensed Product. “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 6 contracts

Samples: Exclusive License Agreement (Newlink Genetics Corp), Exclusive License Agreement (Newlink Genetics Corp), Exclusive License Agreement (Newlink Genetics Corp)

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Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose product (a) the manufacture, use, importation, sale or offer for sale is covered or claimed of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim within of any of the Licensed Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an articlethat is comprised of, composition, apparatus, substance, chemical material, method, process utilizes or service whose manufacture, useincorporates Licensed Biological Materials, or sale (c) that is covered discovered, developed or claimed by made using a Valid Claim within the Patent RightsLicensed Process.

Appears in 6 contracts

Samples: License Agreement (Fate Therapeutics Inc), License Agreement (Fate Therapeutics Inc), License Agreement (Fate Therapeutics Inc)

Licensed Product. The term “Licensed Product” shall mean any articleproduct, compositionthe composition of matter, apparatus, substance, chemical material, method, process or service whose manufacture, use, importation, sale or offer for sale of which is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “scope of the Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 3 contracts

Samples: License Agreement (Receptos, Inc.), License Agreement (Receptos, Inc.), License Agreement (Receptos, Inc.)

Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose Compound (i) the manufacture, use, sale, offer for sale or importation of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights; or (ii) any Compound the manufacture, use, sale, offer for sale or importation of which is covered or claimed by a Valid Claim within in one or more of the Patent Rights. For clarity, a “Licensed Product” shall Major Markets but is not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within in the Patent Rightscountry of sale.

Appears in 3 contracts

Samples: License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.), License Agreement (Neumora Therapeutics, Inc.)

Licensed Product. The term “Licensed Product” shall mean (a) any articleproduct which cannot be made, compositionused, apparatusimported, substance, chemical material, method, process or service whose manufacture, usesold, or offered for sale is covered or claimed by without infringing a Valid Claim within under the Licensed Patent Rights. For clarityRights in the country for which the product is made, a “Licensed Product” shall not include other product used, imported or material that (a) is used in combination with Licensed Product, and sold; or (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process any product which utilizes or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rightsincorporates Licensed Biological Materials.

Appears in 3 contracts

Samples: License Agreement (Ambrx Biopharma Inc.), License Agreement (Ambrx Biopharma Inc.), License Agreement (Ambrx Inc)

Licensed Product. Licensed Product” Product shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” Product shall not include other product or material that (a) is products used in combination with Licensed Product, and (b) does Product that do not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 3 contracts

Samples: License Agreement (Newlink Genetics Corp), License Agreement Bettween Lankenau Institute (Newlink Genetics Corp), License Agreement Bettween Lankenau Institute (Newlink Genetics Corp)

Licensed Product. “Licensed Product” The term "LICENSED PRODUCT" shall mean any articleproduct, compositionthe development, apparatus, substance, chemical material, method, process or service whose manufacture, use, sale or offer for sale is covered of which would, but for the rights granted under this Agreement, infringe one or claimed by a Valid Claim within the more pending or issued claims of Licensor Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used and Trademark Rights in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, useany country, or the sale is covered or claimed by a Valid Claim within the Patent Rightsmarketing of which would infringe Licensor Trademark in any country.

Appears in 2 contracts

Samples: License Agreement (Ista Pharmaceuticals Inc), License Agreement (Ista Pharmaceuticals Inc)

Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose product the manufacture, use, importation, sale or offer for sale is covered or claimed by of which would, but for the license granted herein, infringe a Valid Claim within under the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 2 contracts

Samples: Research Funding and Option Agreement (aTYR PHARMA INC), Research Funding and Option Agreement (aTYR PHARMA INC)

Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, product and/or device and/or process or and/or service whose (a) the manufacture, use, use or sale of which without a license from BGN would infringe upon any Licensed Patent Rights; and/or (b) that embodies, comprises, contains, uses or was developed using any Licensed Patent Rights and/or the BGN Technology, in each of the foregoing cases is covered or claimed by a Valid Claim within of the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 2 contracts

Samples: Exclusive Option Agreement, Exclusive Option Agreement (Sorrento Therapeutics, Inc.)

Licensed Product. Licensed Product” Product shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose product the manufacture, use, use or sale is covered or claimed of which would, absent the licenses granted by a the Licensors to Licensees herein, infringe any Valid Claim within the Patent Rights. For clarity, a “included in any Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsPatent.

Appears in 2 contracts

Samples: License Agreement (Cyberkinetics Neurotechnology Systems, Inc.), License Agreement (Cyberkinetics Neurotechnology Systems, Inc.)

Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process a pharmaceutical product or service whose manufacture, use, or sale is covered or claimed by composition containing a Valid Claim within the Patent RightsLicensed Compound as an active ingredient. For purposes of clarity, a unless the context otherwise dictates, all references to “Licensed Product” shall not be deemed to include other product or material that (a) is used references to the Licensed Compound contained in combination with the Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 2 contracts

Samples: License Agreement (Verastem, Inc.), License Agreement (Verastem, Inc.)

Licensed Product. The term “Licensed Product” shall mean any articleproduct which cannot be developed, compositionmanufactured, apparatusoffered to sale, substance, chemical material, method, process used or service whose manufacture, use, sold without (i) infringing one or sale is covered or claimed by a Valid Claim within the more claims under SCIENT’X Patent Rights. For clarity, a “Licensed Product” shall ; or (ii) utilizing any part of SCIENT’X Technology not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim otherwise includable within the SCIENT’X Patent Rights.

Appears in 2 contracts

Samples: License Agreement, License Agreement (Alphatec Holdings, Inc.)

Licensed Product. The term “Licensed Product” shall mean any articleproduct, composition, apparatus, substance, chemical material, method, process or service whose the manufacture, use, importation, sale or offer for sale is covered or claimed by of which would, in the absence of the licenses granted herein, infringe a Valid Claim within the Patent RightsClaim. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.*Confidential Treatment Requested. EXECUTION COPY

Appears in 2 contracts

Samples: License Agreement (Poniard Pharmaceuticals, Inc.), License Agreement (Poniard Pharmaceuticals, Inc.)

Licensed Product. “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose a product (a) Proprietary to Licensee and (b) the manufacture, use, sale, offer for sale or sale is covered or claimed by importation of which would, but for the licenses granted herein, infringe a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsPatents.

Appears in 2 contracts

Samples: License Agreement, Confidential Treatment Requested (GenMark Diagnostics, Inc.)

Licensed Product. The term “Licensed Product” shall mean any articlecompound or product, composition, apparatus, substance, chemical material, method, process or service whose the manufacture, use, sale, offer for sale or sale is covered or claimed by importation of which would, in the absence of the license under the Licensed Patent Rights granted in this Agreement, infringe a Valid Claim within of the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 2 contracts

Samples: License Agreement (Synthorx, Inc.), License Agreement (Synthorx, Inc.)

Licensed Product. The words "Licensed Product" shall mean any article, composition, apparatus, substance, chemical material, method, device or apparatus embodying a design or utilizing a method or process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsTechnology.

Appears in 1 contract

Samples: License Agreement (Paradigm Medical Industries Inc)

Licensed Product. The term "Licensed Product" shall mean any article, composition, apparatus, substance, chemical material, method, process product or service whose ---------------- component thereof the manufacture, use, use or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not of which would constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by infringement of any claim in a Valid Claim within the License Patent Rightsbut for a license granted.

Appears in 1 contract

Samples: Master Research Services and License Agreement (Sequus Pharmaceuticals Inc)

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Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose product the manufacture, use, sale, offer for sale or sale is covered or claimed importation of which would, in the absence of the license granted by a Valid Claim within this Agreement, infringe any of the Licensed Patent Rights, but excluding products containing or comprising ***. For clarity, a Confidential Treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as Licensed Product” shall not include other product or material that (a) is used in combination ***”. A complete version of this exhibit has been filed separately with Licensed Product, the Securities and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsExchange Commission.

Appears in 1 contract

Samples: License Agreement (Senesco Technologies Inc)

Licensed Product. The term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is product (a) covered or claimed by a Valid Claim within of the Licensed Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process that utilizes or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rightsincorporates Licensed Biological Materials.

Appears in 1 contract

Samples: License Agreement (Sorrento Therapeutics, Inc.)

Licensed Product. The term “Licensed ProductProduct(s)” shall mean any articleproduct or process which cannot be developed, compositionmanufactured, apparatus, substance, chemical material, method, process used or service whose manufacture, usesold (i) without infringing on the valid issued claims of the Licensed Patents, or sale is covered or claimed by a Valid Claim within (ii) without utilizing the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsTechnology.

Appears in 1 contract

Samples: License Agreement (Sciclone Pharmaceuticals Inc)

Licensed Product. The term “Licensed Product” shall mean any articleproduct which incorporates or is the result of the Licensed Technologies and Methods, compositionwhich cannot be developed, apparatusmade, substancehave made, chemical materialoffered to sale, methodused, process sold or service whose manufacture, usehave sold without (i) infringing one or more claims under the Sublicensor IP Rights, or sale is covered or claimed by a Valid Claim (ii) utilizing any part of the IP not included within the Patent definition of the Sublicensor IP Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights(iii) utilizing any part of Sublicensor Know- How.

Appears in 1 contract

Samples: Sublicense Agreement (Prime Number Holding LTD)

Licensed Product. The term "Licensed Product" shall mean any articlea product, compositionservice, apparatus, substance, chemical material, method, process or service whose manufacture, usetest, or sale information which is covered based upon or claimed by related to animal health applications and is sold or provided for a Valid Claim within fee and, but for the Patent Rights. For claritylicenses granted herein, would infringe one or more claims of a Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, usePatent, or sale is covered was discovered, developed, approved manufactured or claimed by marketed using a Valid Claim within the Patent RightsLicensed Invention, Licensed Improvement or Licensed Technical Information.

Appears in 1 contract

Samples: License and Sub License Agreement (Bioenvision Inc)

Licensed Product. The. term “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose product (i) the manufacture, use, sale, offer for sale or sale is covered or claimed by importation of which would, in the absence of the license under the Licensed Patent Rights granted in this Agreement, infringe a Valid Claim within of the Licensed Patent Rights. For clarity, a “and/or (ii) that uses or incorporates any composition of matter that is discovered or developed by TSRI under the RFOA using any methods disclosed in the Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, Patent Rights and (b) does not constitute to which Licensee has exercised its option for an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within exclusive license under the Patent RightsRFOA.

Appears in 1 contract

Samples: License Agreement (Vividion Therapeutics, Inc.)

Licensed Product. The term "Licensed Product" shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose product (a) the manufacture, use, sale, offer for sale or sale is covered or claimed importation of which would, in the absence of the license granted by a Valid Claim within this Agreement, infringe any of the Licensed Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an articlethat is comprised of, compositionutilizes or incorporates any of the Licensed Biological Materials, apparatusand/or (c) that is discovered, substance, chemical material, method, process developed or service whose manufacture, usemade using a Licensed Process or any of the Licensed Biological Materials, or sale is covered using any data or claimed results produced or generated by using a Valid Claim Licensed Process or any of the Licensed Biological Materials within the Patent RightsField.

Appears in 1 contract

Samples: License Agreement (ChromaDex Corp.)

Licensed Product. The term “Licensed Product” shall mean any articleproduct, composition, apparatus, substance, chemical material, method, process or service whose the manufacture, use, importation, sale or offer for sale of which in or into a particular country is covered or claimed by a Valid Claim within the Licensed Patent Rights. For clarity, Whether a product is a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by be determined on a Valid Claim within the Patent Rightscountry-by-country basis.

Appears in 1 contract

Samples: License Agreement (Repligen Corp)

Licensed Product. The term “Licensed Product” shall mean any articleproduct, composition, apparatus, substance, chemical material, method, process or service whose the manufacture, use, importation, sale or offer for sale is covered or claimed of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim within of any of the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

Appears in 1 contract

Samples: License Agreement (Verastem, Inc.)

Licensed Product. The term "Licensed Product" shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed product manufactured and sold by a Valid Claim within Licensee using the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsPatent.

Appears in 1 contract

Samples: Patent License Agreement

Licensed Product. The term "Licensed Product" shall mean any article----------------- product, composition, apparatus, substance, chemical material, method, process or service whose the manufacture, use, use or sale of which is covered or claimed by a Valid Claim within the scope of a "Valid Claim" (as defined hereinafter) of a Licensed Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent RightsRight.

Appears in 1 contract

Samples: License Agreement (Igi Inc)

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