Hatch-Waxman. Following Roche’s exercise of its Option Right with respect to a Licensed Program, with respect to any identification of Patents to Regulatory Authorities for a Product within such Licensed Program as required or allowed for listing in the FDA’s Orange Book in the United States or foreign equivalents outside of the United States: (i) Roche will have the sole right to make any such decision to list any Product Specific Patent or any Vividion CC Patent for such Product and (ii) Vividion will have the sole right to make any such decision with respect to any Vividion Patents other than Product Specific Patents and Vividion CC Patents for any product, provided that Roche shall have the right to list any Vividion CC Patents for such Product with Vividion’s prior written consent. Notwithstanding anything herein to the contrary, should a Party receive a certification for a Product or Shared Product within a Licensed Program pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417, known as the Hatch-Waxman Act), as amended, or its equivalent in a country other than the US, then such Party shall immediately provide the other Party with a copy of such certification. Roche shall have [***] days from date on which it receives or provides a copy of such certification to provide written notice to Vividion (“H-W Suit Notice”) whether Roche will bring suit, at [***] expense, within a [***] day period from the date of such certification, and in any case at least [***] Business Days prior to which any further delay in bringing such suit would limit or compromise the remedies available in connection with such certification. Should such [***] day period expire without Roche bringing suit or providing such H-W Suit Notice, then Vividion shall be free to immediately bring suit in its name.
Hatch-Waxman. Notwithstanding anything herein to the contrary, should a Party receive a certification for a Licensed Product pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98‑417, known as the Hatch‑Waxman Act), as amended, or its equivalent in a country other than the US, with respect to any activities under this Agreement in the Field, then such Party will immediately provide the other Party with a copy of such certification. For each Licensed Product, Takeda will have thirty (30) days from date on which it receives or provides a copy of such certification to provide written notice to the other Party (“H‑W Suit Notice”) whether such first Party will bring suit, at its expense, within a forty‑five (45) day period from the date of such certification. Should such thirty (30) day period expire without such first Party bringing suit or providing such H‑W Suit Notice, then such other Party will be free to immediately bring suit in its name.
Hatch-Waxman. Notwithstanding anything to the contrary, should a Partx xxxxive a certification for a Product pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417), as amended, or its equivalent in a country other than the United States of America, then such Party shall immediately provide the other Party with a copy of such certification. Roche shall have [*] days from the date on which it receives or provides a copy of such certification to provide written notice to Memory ("H-W Suit Notice") whether Roche will bring suit, at its expense, within a [*] day period from the date of such certification. Should such [*] day period expire without Roche bringing suit or providing such H-W Suit Notice, then Memory shall be free to immediately bring suit in its name. If Roche brings suit, at Roche's written request, Memory agrees to be named as a party to such suit. [*] CONFIDENTIAL TREATMENT IS REQUESTED
Hatch-Waxman. Notwithstanding anything to the contrary, should a Parxx xxxeive a certification for a Product pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417), as amended, or its equivalent in a country other than the US, then such Party shall immediately provide the other Party with a copy of such certification. Prior to Roche exercising its right to obtain a License which respect to a Product, then Memory shall have the sole right to enforce Memory Patent Rights Covering such Product. After Roche has exercised its right to obtain a License with respect to a Product, then Roche shall have the right to enforce Memory Patent Rights Covering such Product; and Roche shall have [*] days from the date on which it receives or provides a copy of such certification to provide written notice to Memory ("H-W Suit Notice") whether Roche will bring suit, at its expense, within a [*] day period from the date of such certification. Should such [*] day period expire without Roche bringing suit or providing such H-W Suit Notice, then Memory shall be free to immediately bring suit in its name. If Roche brings suit, at Roche's written request, Memory agrees to be named as a party to such suit.
