Third Party Patent Right definition

Third Party Patent Right has the meaning set forth in Section 5.6.
Third Party Patent Right. Dispute”), such Third Party Patent Right Dispute shall be resolved using an independent Third Party patent counsel selected by Braeburn and reasonably acceptable to Titan. The Parties agree that the decision of such patent counsel shall be final and binding and not subject to Article 15 or Section 16.6, [***]. For the avoidance of doubt, if Titan agrees with, or fails to timely object to, the need for such Third Party Patent Right, or the independent Third Party patent counsel finds that such Third Party Patent Rights are necessary for the sale of the Licensed Product in the Territory, Braeburn shall have the right, in its sole discretion, to enter into a definitive license agreement for such Third Party Patent Rights on commercially reasonable terms and conditions and shall provide a copy of such license agreement to Titan.
Third Party Patent Right. Dispute”), such Third Party Patent Right Dispute shall be resolved using an independent Third Party patent counsel selected by Braeburn and reasonably acceptable *** This portion of the agreement has been intentionally omitted and has been filed separately with the U.S. Securities and Exchange Commission and confidential treatment of such portion has been requested pursuant to 5 U.S.C. §552(b)(4); 17 C.F.R. §200.80(6)(4). to Titan. The Parties agree that the decision of such patent counsel shall be final and binding and not subject to Article 15 or Section 16.6, ***. For the avoidance of doubt, if Titan agrees with, or fails to timely object to, the need for such Third Party Patent Right, or the independent Third Party patent counsel finds that such Third Party Patent Rights are necessary for the sale of the Licensed Product in the Territory, Braeburn shall have the right, in its sole discretion, to enter into a definitive license agreement for such Third Party Patent Rights on commercially reasonable terms and conditions and shall provide a copy of such license agreement to Titan.

Examples of Third Party Patent Right in a sentence

  • The Parties shall discuss what commercially appropriate steps, if any, to take to avoid infringement or misappropriation of said Third Party Patent Right or other right controlled by such Third Party in the Territory.

  • SGI shall update Exhibit A from time to time to reflect the then-current list of SGI Patent Rights and shall use reasonable efforts to update Exhibit A from time to time to reflect the then-current list of SGI Third Party Patent Rights; provided, however, that any Patent that otherwise is an SGI Patent Right or an SGI Third Party Patent Right remains so even if it is not listed on Exhibit A.

  • Additionally, if either Party determines that, based upon the review of any Third Party Patent Right or other Third Party intellectual property rights, it may be desirable to obtain a license from such Third Party with respect thereto so as to avoid any potential claim of infringement by such Third Party against either Party or their respective Affiliates or Sublicensees, then such Party shall promptly notify the other Party of such determination.

  • Additionally, if OPKO determines that, based upon the review of any Third Party Patent Right or other Third Party Intellectual Property Rights, it may be desirable to obtain a license from such Third Party with respect thereto so as to avoid any potential claim of infringement by such Third Party against either Party or their respective Affiliates or sublicensees, then OPKO will promptly notify Pfizer of such determination.

  • Each Party agrees to use good faith efforts to bring to the attention of the JPC in a timely manner any Third Party Patent Right it *Certain information on this page has been omitted and filed separately with the commission.

  • Notwithstanding the foregoing, Abbott shall have no obligation to defend, indemnify or hold harmless any Neurocrine Indemnified Party from and against any Liability arising out of or resulting from the infringement of a Third Party Patent Right provided such indemnify does fall within the foregoing indemnification requirements.

  • In consideration of this bargaining units 24/7 operations, when an employee must work mandatory overtime which would exceed their regularly scheduled workday, the employee shall receive overtime for the hours which have been mandated.

  • If Codiak decides to provoke or institute an interference action with respect to any Third Party Patent Right in the Territory on the basis of any Codiak Platform Patent Right, then Codiak will control such action and be responsible for all of the costs and expenses the Parties incur in performing activities at Codiak’s request in connection with such action.

  • Notwithstanding the foregoing, Neurocrine shall have no obligation to defend, indemnify or hold harmless any Abbott Indemnified Party from and against any Liability arising out of or resulting from the infringement of a Third Party Patent Right provided such indemnify does fall within the foregoing indemnification requirements.

  • If Jazz decides to provoke or institute an interference action with respect to any Third Party Patent Right in the Territory on the basis of any Jazz Patent Right or Codiak Product-Specific Collaboration Patent Right, then Jazz will control such action and be responsible for all of the costs and expenses the Parties incur in performing activities at Jazz’s request in connection with such action.


More Definitions of Third Party Patent Right

Third Party Patent Right has the meaning set forth in Section 11.5.1.
Third Party Patent Right means any Patent of a Third Party, which the Exploitation of any Licensed Virus or any Licensed Product in the Field and in the Territory by Newsoara, any of its Affiliates or any of its or their Sublicensees or distributors or customers infringes or is reasonably expected to infringe.
Third Party Patent Right means a Valid Claim defining an Antigen or Antibody, and which is owned by or assigned to a third party and is licensed to ABBOTT and ODS under an agreement entered into pursuant to Paragraph 2.9 below; provided, however, that no Valid Claim shall be deemed to be a Third Party Patent Right * *

Related to Third Party Patent Right

  • 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.

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

  • Licensed Patent Rights means:

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

  • 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 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.

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

  • 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).”

  • 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.

  • 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.

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

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

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

  • Collaboration Patents means any and all Patents that claim or cover any of the 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 Patents has the meaning set forth in Section 8.1.

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Third Party Licensor means the relevant licensor of any Third Party Data or any Third Party Trade Xxxx;

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • 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.

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Third Party Product means a product (whether hardware, software or services) supplied to you by a third party;