Common use of Certification Under Drug Price Competition and Patent Restoration Act Clause in Contracts

Certification Under Drug Price Competition and Patent Restoration Act. Amylin and Lilly each will immediately give notice to the other of any certification of which they become aware filed under the U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" claiming that Patents covering Product are invalid or that infringement will not arise from the Manufacture, use or sale of Product by a Third Person. If Amylin or Lilly (depending on which Party is defending the relevant Patents) decides not to bring infringement proceedings against the entity making such a certification, such Party will give notice to the other Party of its decision not to bring suit within twenty (20) days after receipt of notice of such certification. The Party receiving such notice may then, but is not required to, bring suit against the entity that filed the certification. Any suit by Lilly or Amylin will be in the name of Lilly if it involves a Lilly Patent, in the name of Amylin if it involves an Amylin Patent, or in the names of both Parties if it involves a Joint Patent or, collectively, an Amylin Patent and a Lilly Patent. For this purpose, the Party not bringing suit will execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Each Party shall pay 50% of any expenses (except for the expenses of the non-controlling Party's counsel, if any) and shall receive 50% of any recovery realized as a result of any litigation pursuant to this Section 10.6.

Certification Under Drug Price Competition and Patent Restoration Act. Amylin Prosidion and Lilly each will immediately give notice to the other of any certification of which they become aware filed under the U.S. "“Drug Price Competition and Patent Term Restoration Act of 1984" ” claiming that Prosidion Patents covering a Product are invalid or that infringement will not arise from the Manufactureresearch, use or development, making, having made, use, sale, having sold, offering for sale and import/export of a Product by a Third PersonParty. If Amylin or Lilly (depending on which Party is defending the relevant Patents) decides not to bring infringement proceedings against the entity making such a certification, such Party Lilly will give notice to the other Party Prosidion of its decision not to bring suit within twenty (20) days after receipt of notice of such certification. The Party receiving such notice Prosidion may then, but is not required to, bring suit against the entity that filed the certification. Any suit filed by Lilly or Amylin Prosidion will be in the name of Lilly Prosidion if it involves a Lilly Patent, in the name of Amylin if it involves an Amylin Prosidion Patent, or in the names of both Parties if it involves a Joint Patent or, collectively, an Amylin a Prosidion Patent and a Lilly Patent. For this purpose, the Party not bringing suit will execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Each Party In the event that Lilly brings suit under this Section 10.7, Lilly shall pay 50% of any expenses (except for the expenses of the non-controlling Party's Prosidion’s counsel, if any) and shall receive 50% of retain any recovery realized as a result of any litigation pursuant to this Section 10.610.7.