Common use of Actions for Infringement; Injunction Clause in Contracts

Actions for Infringement; Injunction. Notwithstanding anything to the contrary in this Section 12.6 (Enforcement Against Third Party Infringement), NVS will have the right to bring an action for infringement of the [***] as required under Section 351(l)(6) of the PHSA following the agreement on a list of patents for litigation under Section 351(l)(4) or exchange of patent lists pursuant to Section 351(l)(5)(B) of such act, or as required following any equivalent or similar certification or notice in any other country. The Parties’ rights and obligations with respect to the foregoing legal actions will be as set forth in Section 12.6.2 (NVS’ Rights) through Section 12.6.4 (Procedures; Assistance; Expenses); provided, that within [***] of reaching agreement on a list of Patent Rights for litigation under Section 351(l)(4) or exchange of patent lists pursuant to Section 351(l)(5)(B), NVS will notify HMI as to whether or not it elects to prosecute such infringement. Either Party will, within [***], notify and provide the other Party with copies of any notice of commercial marketing provided by the filer of a Biosimilar Application pursuant to Section 351(l)(8)(A) of the PHSA, or any equivalent or similar certification or notice in any other country. Thereafter, NVS will have the right to seek an injunction against such commercial marketing as permitted pursuant to Section 351(l)(8)(B) of the PHSA.