Mutual Notification. If at any time during the Term of this Agreement, XOMA or Alexion becomes aware of any product that it believes (i) is being sold in the Territory for treatment of the same indications or potential indications as any Product or potential Product, and (ii) infringes a Patent Right owned by XOMA and/or Alexion which Patent Right is believed also to protect the use, development, manufacture, sale, import or export of such Product (or potential Product), the Party having such knowledge shall promptly inform the other Party of such infringement. Alexion and XOMA shall thereafter consult and attempt to determine a course of action to terminate any such infringement.
Appears in 5 contracts
Samples: Commercialization Agreement, Commercialization Agreement (Alexion Pharmaceuticals Inc), Commercialization Agreement (Alexion Pharmaceuticals Inc)
