Common use of Enforcement and Defense of Patent Rights Clause in Contracts

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 Business Days (except as expressly set forth below) of becoming aware of any alleged or threatened Infringement by a Third Party of any of the Licensor Patent Rights, Joint Patent Rights or Licensee Patent Rights, including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a Compound or Product in the Field, (y) any certification filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Marketing Approval under Applicable Law in any country other than the United States) or other NDA for a Product in the Field (a “Patent Certification”), and (z) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing a Compound or Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Patent Rights, Joint Patent Rights or Licensee Patent Rights; provided, however, that in the case of any Patent Certification regarding any Licensor Patent Right or Joint Patent Right that any Party receives, such Party shall provide the other Party with a copy of such Patent Certification, within ten (10) Business Days of receipt.

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 Business Days (except as expressly set forth below) of becoming aware of any alleged or threatened Infringement infringement by a Third Party of any of the Licensor Premas Patent Rights, Joint Patent Rights or Licensee Patent RightsRights (“Infringement”), including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a Compound or Product in the Field, (y) any certification filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Marketing Approval under Applicable Law in any country other than the United States) or other NDA for a Product in the Field (a “Patent Certification”), and (z) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing a Compound or Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Premas Patent Rights, Joint Patent Rights or Licensee Patent RightsRights ((x)-(z), collectively, “Competitive Infringement”); provided, however, that in each Party shall notify the case other Party of any Patent Certification regarding any Licensor Premas Patent Right or Joint Patent Right that any Party it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within ten five (105) Business Days days of receipt.

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 Business Days (except as expressly set forth below) of becoming aware of any alleged or threatened Infringement infringement by a Third Party of any of the Licensor Patent Rights, YouHealth Patents or Joint Patent Rights or Licensee Patent RightsPatents (“Infringement”), including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a Compound or Product in the Field, (y) any certification filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Marketing Approval under Applicable Law in any country other than the United States) or other NDA for a Product in the Field (a “Patent Certification”), and (z) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing a Compound or Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Patent RightsYouHealth Patents or Joint Patents ((x)-(z), Joint Patent Rights or Licensee Patent Rightscollectively, “Competitive Infringement”); provided, however, that in each Party shall notify the case other Party of any Patent Certification regarding any Licensor YouHealth Patent Right or Joint Patent Right that any Party it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within ten five (105) Business Days days of receipt.

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 Business Days (except as expressly set forth below) of becoming aware of any alleged or threatened Infringement infringement by a Third Party of any of the Licensor Vactech Patent Rights, Joint Patent Rights or Licensee Provention Patent RightsRights (“Infringement”), including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a Compound or Product in the Field, (y) any certification filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Marketing Approval under Applicable Law in any country other than the United States) or other NDA for a Product in the Field (a “Patent Certification”), and (z) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing a Compound or Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Vactech Patent Rights, Joint Patent Rights or Licensee Provention Patent RightsRights ((x)-(z), collectively, “Competitive Infringement”); provided, however, that in each Party shall notify the case other Party of any Patent Certification regarding any Licensor Vactech Patent Right or Joint Patent Right that any Party it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within ten five (105) Business Days days of receipt.

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 Business Days (except as expressly set forth below) of becoming aware of any alleged or threatened Infringement infringement by a Third Party of any of the Licensor OyaGen Patent Rights, Rights and/or Joint Patent Rights or Licensee Patent Rights(“Infringement”), including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a Compound or Product in the Field, (y) any certification filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions in connection with an ANDA (an Abbreviated New Drug Application in the United States or a comparable application for Marketing Approval under Applicable Law in any country other than the United States) or other NDA request for approval or marketing authorization for a Product in the Field (a “Patent Certification”), and (z) any declaratory judgment action filed by a Third Party that is developing, manufacturing or commercializing related to a Compound or Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor OyaGen Patent Rights, Rights or Joint Patent Rights or Licensee Patent Rights((x)-(z), collectively, “Competitive Infringement”); provided, however, that in each Party shall notify the case other Party of any Patent Certification regarding any Licensor OyaGen Patent Right or Joint Patent Right that any Party it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within ten five (105) Business Days days of receipt.