No AG against a winning challenger Sample Clauses

No AG against a winning challenger. The branded firm’s ability to credibly threaten to launch an AG in case a challenger wins a court case gives rise to the P4D deals. If this option is not available – and hence the threat is never credible, then with enough challengers in the market, a P4D deal will never be reached. In the US, this would mean amending the Xxxxx-Xxxxxx Act so that it also applies to the branded firm: if no other generic firm can enter for 180 days as a reward for invalidating the patent, then the branded firm can also not launch an AG prior to the exhaustion of the 180-day exclusivity by the successful challenger. To understand the implications of such a policy, with the same parameters as before, we modified the tree imposing that the brand is (legislatively) prevented from launching an AG, and then resolved when there are ten or twenty challengers. As shown in Figure 9, with no AG option, either by itself or via a third party, the branded firm either has to pay off all the challengers (in case there are few challengers) or if there are many challengers, it may fail to reach an agreement with any of them. This is because after paying off the first challenger, the remaining J − 1 challengers never optimally choose to stay out of the market, and hence the region marked as ‘III – P4D Pay only First’ never occurs. The only exception is when even the first firm does not consider challenging the branded firm’s patent because it is too strong (π ≈ 0) relative to the litigation costs. All in all, removing the AG option for the brand leads to either an unchallenged monopoly for relatively strong patents, or a court decision rather than an out of court settlement if there are enough challengers.
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to No AG against a winning challenger

  • PROHIBITION AGAINST INDUCEMENT OR PERSUASION Notwithstanding the above, the Contractor and the County agree that, during the term of this Master Agreement and for a period of one year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement.

  • Violence Against Women The parties hereby recognize and share the concern that women uniquely face situations of violence or abuse in their personal lives that may affect their attendance or performance at work. A woman who is in an abusive or violent personal or domestic situation will not be subjected to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This statement of intent is subject to a standard of good faith on the part of the Employer, the Union and the affected employees and will not be utilized by the Union or the employees to subvert the application of otherwise appropriate disciplinary measures.

  • NO STRIKES OR LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act, as amended.

  • CRIMES AGAINST CHILDREN In accordance with RCW 28A.400.330, employees, agents, and contractors of the NWESD and District are prohibited from working at a public school if they have or may have contact with children at a public school during the course of their employment and have pleaded guilty to or been convicted of the crimes identified in RCW 28A.400.322. Any failure to comply with this section shall be grounds for the District immediately terminating the contract.

  • NO WARRANTY BY CITY AGAINST INFRINGEMENTS The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor.

  • STRIKES OR LOCKOUTS 5.01 During the term of this Agreement, or while negotiations for a further agreement are being held the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

  • Complaints Against Teachers When a person makes a written or verbal complaint against a teacher, the principal or designee shall promptly notify the teacher of the complaint, the identity of the complainant, and the teacher shall be given the opportunity to respond. The principal or designee shall investigate the complaint and attempt to resolve the complaint informally if appropriate.

  • NO STRIKE OR LOCKOUTS 3.01 The Employer agrees that, during the term of this Agreement or any extension thereof, it will not cause or direct any lockouts of its employees and the Union agrees that during the lifetime of this Agreement or any extension thereof, there will be no strike, picketing, slowdown or stoppage of work, either complete or partial.

  • NO STRIKES AND LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

  • WORK STOPPAGES AND LOCKOUTS 4.1 During the term of this Agreement there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the Project site is a violation of this Article. Any damages resulting from any violation of this Agreement will be paid by the violating party.

Time is Money Join Law Insider Premium to draft better contracts faster.