any item in any of clause (a)-(d), but not including any methods that are generally applicable to the discovery of antibodies or the generation of antibody libraries, and (f) any intellectual property rights in any of clause (a)-(e), including but not limited to any claim that claims generically or specifically claims any of the subject matter in any of clause (a)-(e), and any physical embodiment of any item in any of clause (a)-(e), in each case of (a)-(f) that is claimed, generically or specifically, in a patent application filed, solely or jointly, by or on behalf of Client, and any intellectual property rights in any of the foregoing and any physical embodiment of any of the foregoing.
Available means, with respect to an Antibody sequence that was identified by Subscriber by screening or panning the Antibody Library, that such sequence is available for Distributed Bio to assign intellectual property rights, which shall be presumed unless, as of Distributed Bios receipt of the written notice from Subscriber described in Section 9(e) with respect to such Antibody sequence, (a) Distributed Bio has assigned or exclusively licensed, or is subject to a binding contractual obligation that requires it to assign or to exclusively license, to a Third Party Distributed Bios rights, title and interest in such Antibody sequence, (b) Distributed Bio is engaged in confidential discussions, which have been active within [**] prior to Subscribers written notice, with a Third Party (as evidenced by an executed nondisclosure agreement) related to the Antibody sequence, or (c) Distributed Bio has filed a patent application claiming such Antibody sequence, in each case of (a) and (b), as evidenced by Distributed Bios written records.
Deliverable means any of the following: (a) the Antibody Library, (b) the Software, and (c) the Anti-PD1 Antibody Deliverables.
Indication means a label indicating the use of the applicable Antibody Product for a different patient population, or indicating the applicable Antibody Product for use in combination with another treatment or drug, in each case that requires a pivotal clinical study for marketing authorization, for a disease or condition. For the avoidance of doubt, the Parties acknowledge that there is only one Indication for any given autoimmune disease (by way of example and not limitation, inflammatory bowel disease, multiple sclerosis, rheumatoid arthritis, or psoriasis) and that there is only one Indication for transplantation and that applications with respect to the stage of disease being treated, including front-line treatment, relapsed refractory treatment or maintenance treatment of the same autoimmune disease or for transplantation are the same Indications for purposes of this Agreement.
Licensed IP means any patent rights of Distributed Bio or any of its Affiliates that cover the composition of matter of, or any method of use to the extent related to, any Antibody Product. For clarity, Licensed IP does not include any methods of generating Antibody libraries.
Materials means the Antibody Library, the Software, the Anti-PD1 Antibody Deliverables, and any associated documentation, information or tangible materials transferred to Subscriber, as well as any progeny, derivatives or improvements developed or derived by Subscriber therefrom, and any combination of the foregoing with other substances.