ELAN PATENT RIGHTS has the meaning assigned thereto in the Elan License Agreement.
ELAN PATENT RIGHTS means any and all rights under any and all patents and patent applications now existing, currently pending or hereafter filed, owned or acquired or licensed by Elan (and/or its Affiliates) which would be infringed by the manufacture, use or sale of the Product, the current status of which as of the Amendment Date is set forth in Schedule 3. Elan Patent Rights shall also include all continuations, continuations-in-part, divisionals and re-issues of such patents and patent applications and any patents Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission. issuing thereon and extensions of any patents licensed hereunder. Elan Patent Rights shall further include any patents or patent applications covering any improved methods of making or using the Product invented or acquired by Elan (and/or its Affiliates) during the term of this Agreement and under which Elan (and/or its Affiliates) has a right to grant a licence hereunder, and Elan’s (and/or its Affiliates) interest in any intellectual property conceived reduced to practice or otherwise developed in connection with the Project.
ELAN PATENT RIGHTS means any Patent Rights Controlled by ELAN that contain one or more claims that cover ELAN Technology. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Examples of ELAN PATENT RIGHTS in a sentence
At appropriate times during the Term and from time to time, Elan and Acorda shall prepare revised schedules of Elan Patent Rights and Acorda Patent Rights, reflecting such patents and patent applications as are incorporated and/or used in the Development Product.
In consideration of the license of the Elan Patent Rights and Elan Know-How granted to Xxxxxx under this Agreement, Xxxxxx has paid to Elan license fees of [***].
Insofar as such patent rights and know-how constitute Elan Patent Rights or Elan Know-How for the purposes of this Agreement, Elan represents and warrants that it is entitled to grant a licence to such patent rights and know-how as are developed by or on behalf of Elan pursuant to the Axogen Agreement, including any patent rights and non-patented know-how or other information which may be conceived, reduced to practice or otherwise developed by or on behalf of Elan pursuant to the Axogen Agreement.
Each of Elan and Acorda hereby acknowledges and agrees that the licences previously granted to Elan by Rush and the licenses granted to Acorda by Rush pursuant to the Rush/Acorda License do not constitute Elan Patent Rights or Elan Know-How for the purposes of this Agreement.
In further consideration of the rights and licence granted to Acorda to the Elan Patent Rights by virtue of this Agreement, Acorda shall pay to Elan [***] of all and any License Revenues.
More Definitions of ELAN PATENT RIGHTS
ELAN PATENT RIGHTS means the patents and patent applications (including provisional applications) relating to the MEDIPAD(R) Drug Delivery System as set forth in Schedule 1 of the Elan License Agreement, and that are owned or licensed by or on behalf of Elan. Elan Patent Rights shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of-addition, re-examinations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed under the Elan License Agreement.
ELAN PATENT RIGHTS means Patent Rights, other than ELAN Collaboration Patent Rights, that ELAN Controls as of the Effective Date or that come into the Control of ELAN during the term of this Agreement and which claim any Invention or ELAN Prior Invention. Those ELAN Patent Rights known to be existing as of the Effective Date are listed on Exhibit 1.41 attached hereto. ------------
ELAN PATENT RIGHTS means all patents and patent applications listed in Schedule 2 as said schedule may be amended from time to time by mutual written agreement. Elan Patent Rights shall also include all continuations, continuations-in-part, divisionals, and any patents issuing thereon, and re-issues or re-examinations of such patents and extensions of any patents licensed hereunder. Extensions of patents shall include extensions under the U.S. Patent Term Restoration Act. In the event that Elan acquires or merges with a third party entity, Elan Patent Rights shall not include any patent rights to the extent that such patent rights relate to a product containing the same active ingredient as the Product which has been approved for marketing or is in development by the said third party entity at the time of such acquisition or merger. For the avoidance of doubt, the occurrence of any such acquisition or merger shall not affect the license of the Elan Patent Rights granted to Xxxxxx hereunder.
ELAN PATENT RIGHTS means any Patent Rights Controlled by ELAN that contain one or more claims that cover ELAN Technology which would, but for this Agreement, be infringed by WARATAH Development Activities or Commercialization activities performed under this Agreement.
ELAN PATENT RIGHTS means any and all patents now existing, currently pending or hereafter filed or obtained relating to pharmaceutical formulation knowledge, expertise, information and data owned by Elan, and any foreign counterparts thereof and all divisionals, continuations, continuations-in-part, patents of continuation, any foreign counterparts thereof and all divisionals, continuations, continuations-in-part, patents of addition and substitutions of, and all patents issuing on, any of the foregoing, together with all registrations, reissues, re-examinations or extensions of any kind with respect to any of such patents.
ELAN PATENT RIGHTS means the patents and patent applications (including provisional applications) relating to the MEDIPAD(R) Drug Delivery System that are set forth in Schedule 1 attached hereto, and that are owned or licensed by or on behalf of Elan. Elan Patent Rights shall also include all extensions, continuations, continuations-in-part, divisionals, patents-of- addition, re-examinations, re-issues, supplementary protection certificates and foreign counterparts of such patents and patent applications and any patents issuing thereon and extensions of any patents licensed hereunder.
ELAN PATENT RIGHTS means all patents and patent applications listed in Schedule 2 as said schedule may be amended from time to time by mutual written agreement. For the avoidance of doubt, the parties acknowledge that there are no ELAN PATENT RIGHTS at the Effective Date, but that ELAN PATENT RIGHTS shall include patents and patent applications emanating from anything developed by ELAN pursuant to the PROJECT. ELAN PATENT RIGHTS shall also include all continuations, continuations-in-part, divisionals, and any patents issuing thereon, and re-issues or re-examinations of such patents and extensions of any patents licensed hereunder. Extensions of patents shall include extensions under the U.S. Patent Term Restoration Act. In the event that ELAN acquires or merges with a third party entity, ELAN PATENT RIGHTS shall not include any patent rights to the extent that such patent rights relate to a product containing the same active ingredient as the DSDFS which has been approved for marketing or is in development by the said third party entity at the time of such acquisition or merger. For the avoidance of doubt, the occurrence of any such acquisition or merger shall not affect the license of the ELAN PATENT RIGHTS granted to SCHEIN hereunder. FDA shall mean the United States Food and Drug Administration or any other successor agency whose approval is necessary to market the PRODUCTS in the TERRITORY. FDA APPROVAL shall mean the final approval to market the PRODUCTS in the TERRITORY, including post approval validation and scale up inspection and any other approval which is required to launch the PRODUCTS in the normal course of business. FOB shall have the meaning set forth in the State of New York Uniform Commercial Code as amended. INITIAL PERIOD shall mean the initial period of this Agreement, as more fully described in Clause 12. IN MARKET shall mean the sale of the PRODUCT in the Territory by SCHEIN or its AFFILIATES, or where applicable by a permitted sub-licensee, to an unaffiliated third party, including but not limited to a wholesaler, chain store, distributor, managed care organization, hospital or pharmacy. LAUNCH STOCKS shall mean the quantities of stocks of the PRODUCT required by SCHEIN to support the commercial introduction of the Product following FDA Approval.