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 actual, alleged or threatened infringement by a Third Party of any of the Licensor Patent Rights or Licensee Patent Rights or Transferred Patent Rights (“Infringement”), including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a 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 Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Patent Rights or Licensee Patent Rights or Transferred Patent Rights ((x)-(z), collectively, “Competitive Infringement”); provided, however, that each Party shall notify the other Party of any Patent Certification regarding any Licensor Patent Right that it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within five (5) days of receipt. In addition, Licensor shall notify Licensee within ten (10) Business days of becoming aware of any actual, alleged or threatened Infringement by a Third Party of any Licensor Patent Rights in the Territory in the Field.

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 business days Business Days (except as expressly set forth below) of becoming aware of any actual, alleged or threatened infringement Infringement by a Third Party of any of the Licensor Patent Rights or Licensee Patent Rights or Transferred Joint Patent Rights (“Infringement”)Rights, including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a 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 42 U.S.C. § 262(l) 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) ), biosimilar application 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 Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Patent Rights or Licensee Patent Rights or Transferred Joint Patent Rights ((x)-(z), collectively, “Competitive Infringement”); provided, however, that each Party shall notify the other Party of any Patent Certification regarding any Licensor Patent Right that it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within five (5) days of receipt. In addition, Licensor shall notify Licensee within ten (10) Business days of becoming aware of any actual, alleged or threatened Infringement by a Third Party of any Licensor Patent Rights in the Territory in the Field.

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 business days Business Days (except as expressly set forth below) of becoming aware of any actual, alleged or threatened infringement by a Third Party of any of the Licensor Chimerix Patent Rights, Joint Patent Rights or Licensee Patent Rights or Transferred ContraVir 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 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 Chimerix Patent Rights, Joint Patent Rights or Licensee Patent Rights or Transferred ContraVir Patent Rights ((x)-(z), collectively, “ContraVir Competitive Infringement”); provided, however, that each Party shall notify the other Party of any Patent Certification regarding any Licensor Chimerix Patent Right or Joint Patent Right that it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within five (5) days of receipt. In additionreceipt (except that if ContraVir receives any Patent Certification with respect to a Chimerix/UC Patent Right, Licensor ContraVir shall notify Licensee provide such notice and copy to Chimerix within ten two (102) Business days of becoming aware of any actualreceipt, alleged or threatened Infringement by a Third Party of any Licensor Patent Rights in order to permit Chimerix to comply with its notification obligations under the Territory in the FieldUC License).

Enforcement and Defense of Patent Rights. Each Party shall notify the other Party in writing within 10 business days Business Days (except as expressly set forth below) of becoming aware of any actual, alleged or threatened infringement Infringement by a Third Party of any of the Licensor Product Patent Rights or Licensee Patent Rights or Transferred Joint Patent Rights (“Infringement”)Rights, including (x) any such alleged or threatened Infringement on account of a Third Party’s manufacture, use or sale of a Product in the FieldProduct, (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 42 U.S.C. § 262(l) 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) ), biosimilar application 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 Product in the Field alleging the invalidity, unenforceability or non-infringement of any of the Licensor Product Patent Rights or Licensee Patent Rights or Transferred Joint Patent Rights ((x)-(z), collectively, “Competitive Infringement”); provided, however, that each Party shall notify the other Party of any Patent Certification regarding any Licensor Product Patent Right that it receives, and such Party shall provide the other Party with a copy of such Patent Certification, within five (5) days Business Days of receipt. In addition, Licensor shall notify Licensee within ten (10) Business days Days of becoming aware of any actual, alleged or threatened Infringement by a Third Party of any Licensor Product Patent Rights in the Territory in the FieldTerritory.