Licensor Patent means any Patent (other than a Licensee Patent) that (a) claims, generically or specifically, CX-01 or any Product, or the manufacture or use in the Field of CX-01 or any Product and (b) (i) is Controlled by Licensor or its Affiliates as of the Effective Date, which such Patents are set forth in Schedule 1 hereto, (ii) is Controlled by Licensor or its Affiliates during the Term and claims priority to a Patent Controlled by Licensor or its Affiliates as of the Effective Date, or (iii) is Controlled by Licensor or its Affiliates during the Term; provided, that the use of “Affiliate” in this definition excludes any Third Party that becomes an Affiliate of Licensor after the Effective Date due to a Change of Control of Licensor, except to the extent such Third Party’s Information is Controlled by Licensor (or its Acquiror) or any of its other Affiliates and is necessary for the Development, manufacture or Commercialization of a Product and is used in respect of CX-01 or any Product in the Territory.
Licensor Patent means any Patent (other than a Licensee Patent) that (a) Covers, generically or specifically, any Compound or Product, or the Exploitation in the Field of any Compound or Product and (b) (i) is Controlled by Licensor or its Affiliates as of the Effective Date, (ii) is Controlled by Licensor or its Affiliates during the Term and claims priority to a Patent Controlled by Licensor or its Affiliates as of the Effective Date, and/or (iii) is Controlled by Licensor or its Affiliates during the Term; in each case of (a) and (b), including such Patents set forth in Exhibit A hereto, which will be updated by the Parties from time to time during the Term; provided, that the use of “Affiliate” in this definition excludes [***].
Examples of Licensor Patent in a sentence
During the term of this Agreement, Licensor shall diligently prosecute and/or maintain Licensor Patent Rights.
If no letters patent are granted on the applications specified in Licensor Patent Rights or if all such applications are finally rejected without appeal being taken or are abandoned, withdrawn or otherwise lapse, then the License granted pursuant to this Agreement shall terminate immediately.
This Agreement shall commence on the Effective Date and, unless earlier terminated according to the terms of this Agreement, shall expire upon the expiration or lapse of the last-to-expire or lapse of the Licensor Patent Rights (or, if earlier, upon the entry of a final order by a court of competent jurisdiction, which order is not appealable or regarding which appeal is not taken, effectively holding that there is no valid claim included in the Licensor Patent Rights).
Licensee hereby acknowledges and agrees that, as between Licensor and Licensee, Licensor is the exclusive owner of all right, title and interest in and to the Licensor Patent Rights.
The licenses granted under this Agreement with respect to Know-How and Trade Secrets shall continue notwithstanding the expiration of the Licensor Patent Rights.
More Definitions of Licensor Patent
Licensor Patent means (i) the Patents set forth on Schedule 1.41, including patents issuing from any patent application set forth on Schedule 1.41 (ii) [*CONFIDENTIAL*], (iii) all provisional applications, substitutions, continuations, continuations-in-part, divisionals, renewals, patents-of-addition, reissues, reexaminations and extensions or restorations by existing or future extension or restoration mechanisms, including patent term adjustments, Patent Term Extensions, supplementary protection certificates or the equivalent thereof, and foreign counterparts of any of the foregoing, and (iv) [*CONFIDENTIAL*]. For the sake of clarity, the term “Licensor Patent” shall not be construed to include any Collaboration Patent or any Patent that Covers (or otherwise claims) a Joint Invention. Notwithstanding the foregoing, “Licensor Patent” does not include [*CONFIDENTIAL*]. A request for confidential treatment has been made with respect to portions of the following document that are marked with [*CONFIDENTIAL*]. The redacted portions have been filed separately with the SEC.
Licensor Patent has the meaning set forth in Section 13.2.1(a).
Licensor Patent means any Patents, subject to Section 8.1, that (a) claim a Product, the Drug or the Device, or the manufacture or use of a Product, the Drug or the Device, in the Field, and (b)(i) are Controlled by Licensor or its Affiliates as of the Effective Date, which Patents are set forth in Schedule 1 hereto, (ii) subject to Section 2.8, are Controlled by Licensor or its Affiliates during the Term and claims priority to a Patent Controlled by Licensor or its Affiliates as of the Effective Date, or (iii) subject to Section 2.8, are Controlled by Licensor or its Affiliates during the Term; provided, that the use of “Affiliate” in this definition excludes any Third Party that becomes an Affiliate of Licensor after the Effective Date due to a Change of Control of Licensor.
Licensor Patent means the patents in the list appended hereto as APPENDIX 1: LICENSOR PATENTS. Upon Licensee’s request, the Licensor Patents Appendix will be updated by Licensor to reflect changes due to prosecution during the course of this Agreement and additional Licensor Patents Controlled during the Term. In the event that any Patent Controlled by Licensor as of the date hereof that claims priority from the Priority Patent was inadvertently omitted from APPENDIX 1: LICENSOR PATENTS, this Agreement shall be deemed to be amended to include such omitted Patent.
Licensor Patent means any Patents, subject to Section 8.1, that (a) claim a Product, the Drug or the Device, or the manufacture or use of a Product, the Drug or the Device, in the Field, and (b)
Licensor Patent means any Patent (other than a Joint Patent or Licensee Patent) that (a) (i) claims, generically or specifically, a Development Candidate or a Product, or the manufacture or use in the Field of a Development Candidate or Product or (ii) claims Licensor’s
Licensor Patent means any Patent (other than a Joint Patent or Licensee Patent) that (a) (i) claims, generically or specifically, a Development Candidate or a Product, or the manufacture or use in the Field of a Development Candidate or Product or (ii) claims Licensor’s 8 THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. SNA Platform Technology which would otherwise be infringed by the Development, Commercialization, making, use, sale, or importation of a Development Candidate or Product and (b) (i) is Controlled by Licensor or its Affiliates as of the Effective Date, which such Patents are set forth in Schedule 2 hereto, (ii) is Controlled by Licensor or its Affiliates during the Term and claims priority to a Patent Controlled by Licensor or its Affiliates as of the Effective Date, or (iii) is Controlled by Licensor or its Affiliates during the Term; provided, that the use of “Affiliate” in this definition excludes any Third Party that becomes an Affiliate of Licensor after the Effective Date due to a Change of Control of Licensor. “Loan Facility” means any loan facility extended to Licensor or its Affiliates, including the Security Agreement. “Material Impact” means, with respect to a Party, a material adverse impact on the regulatory status or the commercial sales of Product in such Party’s applicable territory. “Net Sales” means, with respect to any Product, the total amount invoiced by Licensee or its Affiliates, sublicensees or distributors to each Third Party receiving Product in arm’s length transactions, less the following deductions from such total amounts that are actually incurred, allowed, accrued or specifically allocated: