Competitive Infringement definition

Competitive Infringement has the meaning set forth in Section 7.5.1.

Competitive Infringement shall have the meaning assigned to such term in Section 8.5.1.

Competitive Infringement shall have the meaning set forth in Section 7.3.

Examples of Competitive Infringement in a sentence

• In the event Xxxxx prosecutes any such Competitive Infringement, Gilead shall have the right to join as a party to such claim, suit or proceeding in the Territory and participate with its own counsel at its sole cost and expense; provided that Xxxxx shall retain control of the prosecution of such claim, suit or proceeding to the extent applicable to [**], including the response to any defense or defense of any counterclaim raised in connection therewith.

• Xxxxx shall have the sole right, but not the obligation, to bring (or defend) and control any action or proceeding with respect to Infringement of an Other Licensed Patent, at Xxxxx’x expense and by counsel of its choice; provided, however, that in the event of Competitive Infringement of an Other Licensed Patent, Xxxxx shall consider in good faith any request by Flame for consent to bring (or defend) and control any action or proceeding with respect to such Competitive Infringement.

• Xxxxx shall promptly notify Gilead if it determines not to prosecute or settle a Competitive Infringement with respect [**].

• Any recoveries resulting from an enforcement action relating to a Competitive Infringement in Japan will be first applied against payment of each Party’s costs and expenses in connection therewith, which costs and expenses may include any payments owed by a Party pursuant to the AZ License.

• If Flame fails to bring any such action or proceeding with respect to Competitive Infringement of any Program-Specific Patent within ninety (90) days following the notice of alleged Competitive Infringement, Xxxxx shall have the right to bring (or defend) and control any such action at its expense and by counsel of its choice, and Flame shall have the right, at its own expense, to be represented in any such action at its expense and by counsel of its choice.

More Definitions of Competitive Infringement

Competitive Infringement means any allegedly infringing activity in the Field (which, for the purposes of this definition, will include all indications and will not be limited to cancer) with respect to a Patent within the Licensed IP, which activity (a) falls within the scope then in effect of the licenses granted by Bluebird to Celgene as set forth in Sections 3.1, (b) is subject to Section 7.2(f), or (c) would be competitive with a Licensed Product and targets the same Target Antigen as such Licensed Product.

Competitive Infringement has the meaning set forth in Section 11.1 (Notification).

Competitive Infringement means [***].

Competitive Infringement means any alleged or threatened infringement of the Precision Patents or Joint Collaboration Program Patents, as applicable, by a Third Party (including alleged or threatened infringement based on the development or commercialization of, or an application to market, a Licensed Product) that is based on the manufacture, use or sale of a Gene Editing Therapy.

Competitive Infringement has the meaning set forth in Section 8.5.3(a).

Competitive Infringement means any infringement or misappropriation that involves the Development, Manufacture, use or Commercialization of a product or product candidate that [***].

Competitive Infringement has the meaning given it in Section 5.4(b).