Common use of Amgen Secondary Enforcement Clause in Contracts

Amgen Secondary Enforcement. From and after the Effective Date, with respect to United States Novartis Patents and Trademarks specific to the Product, in the event Novartis does not commence an enforcement action or otherwise take action to xxxxx any alleged infringement or misappropriation of any such United States Novartis Patents and Trademarks within [*] days after Amgen requests Novartis to do so in writing (or, if later, within [*] days after such action can viably be brought by Law (as, for example, in the case of expiration of a clinical trial exception to patent infringement, and, if sooner, by such time as it would no longer be possible to bring such action due to delay)), Amgen shall be entitled to bring and prosecute such an action and Novartis will cooperate with Amgen. If Amgen elects to bring and prosecute such an action, then Amgen shall seek and reasonably consider Novartis’ comments on strategy. Without limiting the foregoing, Amgen shall keep Novartis advised of all material communications, actual and prospective filings or submissions regarding such action, and shall provide Novartis copies of and an opportunity to review and comment on any such material communications, filings and submissions (provided that Amgen shall have the right to redact any information relating to any product other than the Product from any such materials). Amgen shall not settle, or consent to any judgment in, any action under this Section 9.4.5 (Amgen Secondary Enforcement), without Novartis’ prior written consent, not to be unreasonably withheld or delayed.

Amgen Secondary Enforcement. From and after the Original Effective Date, with respect to United States Novartis Patents and Trademarks specific to the Product, in the event Novartis does not commence an enforcement action or otherwise take action to xxxxx any alleged infringement or misappropriation of any such United States Novartis Patents and Trademarks within [***] days after Amgen requests Novartis to do so in writing (or, if later, within [***] days after such action can viably be brought by Law (as, for example, in the case of expiration of a clinical trial exception to patent infringement, and, if sooner, by such time as it would no longer be possible to bring such action due to delay)), Amgen shall be entitled to bring and prosecute such an action and Novartis will cooperate with Amgen. If Amgen elects to bring and prosecute such an action, then Amgen shall seek and reasonably consider Novartis’ comments on strategy. Without limiting the foregoing, Amgen shall keep Novartis advised of all material communications, actual and prospective filings or submissions regarding such action, and shall provide Novartis copies of and an opportunity to review and comment on any such material communications, filings and submissions (provided that Amgen shall have the right to redact any information relating to any product other than the Product from any such materials). Amgen shall not settle, or consent to any judgment in, any action under this Section 9.4.5 (Amgen Secondary Enforcement), without Novartis’ prior written consent, not to be unreasonably withheld or delayed.

Amgen Secondary Enforcement. From and after the Effective Date, with respect to United States Novartis Territory Patents and Trademarks specific related to Franchise Product 1 and Franchise Product 2, and from and after the ProductOption Exercise Date, with respect to Territory Patents and Trademarks related to Franchise Product 3, in the event Novartis does not commence an enforcement action or otherwise take action to xxxxx any alleged infringement or misappropriation of any such United States Novartis Territory Patents and Trademarks within [*] days after Amgen requests Novartis to do so in writing (or, if later, within [*] days after such action can viably be brought by Law (as, for example, in the case of expiration of a clinical trial exception to patent infringement, and, if sooner, by such time as it would no longer be possible to bring such action due to delay)), Amgen shall be entitled to bring and prosecute such an action at Amgen’s sole cost and Novartis will cooperate with Amgen. If Amgen elects to bring and prosecute such an action, then Amgen shall seek and reasonably consider Novartis’ ’s comments on strategy. Without limiting the foregoing, Amgen shall keep Novartis advised of all material communications, actual and prospective Amgen Ref. No. 2015641252 Page 48 filings or submissions regarding such action, and shall provide Novartis copies of and an opportunity to review and comment on any such material communications, filings and submissions (provided that Amgen shall have the right to redact any Amgen Manufacturing information and any information relating to any product other than the Licensed Product from any such materials). Amgen shall not settle, or consent to any judgment in, any action under this Section 9.4.5 10.4.1.3 (Amgen Secondary Enforcement)) that would reasonably be expected to [*] the Licensed Amgen Patents, without Novartis’ prior written consentthe Licensed Amgen Trademarks or the research, not to be unreasonably withheld Development, conduct of Medical Affairs Activities with respect to, use or delayedCommercialization of Licensed Products [*].