Declaratory Judgment. If a declaratory judgment action is brought naming a Party or JHU as a defendant and alleging invalidity of any of the JHU Patent Rights, the provisions of the relevant Existing JHU License Agreement(s) shall apply, unless the action or claim arises in connection with a litigation under 21 U.S.C. § 355, the Hatch Waxman Act, or similar United States or foreign statutory provisions, in which case, Section 3(b)(i) shall apply.
Appears in 3 contracts
Samples: Settlement and License Agreement (Graybug Vision, Inc.), Settlement and License Agreement (Kala Pharmaceuticals, Inc.), Settlement and License Agreement (Kala Pharmaceuticals, Inc.)
Declaratory Judgment. If a declaratory judgment action is brought naming a Party or JHU as a defendant and alleging invalidity of any of the JHU Patent Rights, the provisions of the relevant Existing JHU License Agreement(s) shall apply, unless the action or claim arises in connection with a litigation under 21 U.S.C. § 355, the Hatch Waxman Act, or similar United States or foreign statutory provisions, in which case, Section 3(b)(i) shall apply..
Appears in 1 contract
Samples: Settlement and License Agreement (Kala Pharmaceuticals, Inc.)
