Common use of NO CHALLENGES RE NEORX PATENT FAMILY Clause in Contracts

NO CHALLENGES RE NEORX PATENT FAMILY. 6.2.1 Biogen Idec hereby agrees that neither it nor any AFFILIATE or any licensee or sublicensee of THE NEORX PATENT FAMILY will file or prosecute, or encourage or assist directly or indirectly any THIRD PARTY in filing or prosecuting, any claim, or lawsuit, or claim, cross-claim or counterclaim for patent infringement of any of THE NEORX PATENT FAMILY against the following persons or entities: (a) any pharmacy, radiopharmacy or nuclear medicine pharmacy or facility to the extent it is a recipient of BEXXAR for preparation and/or administration to one or more particular patients; (b) any hospital or governmental health agency to the extent it is a recipient of BEXXAR for preparation and/or administration to one or more particular patients; (c) any physician, nuclear medicine practitioner or licensed health care practitioner to the extent he or she prescribes, prepares, and/or administers BEXXAR to one or more particular patients; (d) any health care insurance company; and (e) Corixa, Xxxxxxx, GSK, their AFFILIATES and any SUBLICENSEES of the foregoing as well as any of their distributors, importers, exporters, wholesalers, manufacturers, or customers. Subpart (e) of this paragraph 6.2.1 shall be null and void and of no further force or effect solely with respect to any of Corixa, Xxxxxxx, GSK, their AFFILIATES or any of their SUBLICENSEES that breach any provisions of this Section 6.

NO CHALLENGES RE NEORX PATENT FAMILY. 6.2.1 Biogen Idec hereby agrees that neither it nor any AFFILIATE or any licensee or sublicensee of THE NEORX PATENT FAMILY will file or prosecute, or encourage or assist directly or indirectly any THIRD PARTY in filing or prosecuting, any claim, or lawsuit, or claim, cross-claim or counterclaim for patent infringement of any of THE NEORX PATENT FAMILY against the following persons or entities: (a) any pharmacy[*], radiopharmacy [*] or nuclear medicine pharmacy [*] or facility to the extent it is a recipient of BEXXAR for preparation [*] and/or administration [*] to one or more particular patients[*]; (b) any hospital [*] or governmental [*] health agency [*] to the extent it is a recipient of BEXXAR for preparation [*] and/or administration [*] to one or more particular patients[*]; (c) any physician[*], nuclear medicine practitioner [*] or licensed [*] health care practitioner [*] to the extent he [*] or she prescribes, prepares[*], and/or administers [*] BEXXAR to one or more particular patients[*]; (d) any health care insurance company[*]; and (e) Corixa, XxxxxxxCoulter, GSK, their AFFILIATES and any SUBLICENSEES of the foregoing as well xx xxxx as any of their distributors, importers, exporters, wholesalers, manufacturers, or customers. Subpart (e) of this paragraph 6.2.1 shall be null and void and of no further force or effect solely with respect to any of Corixa, XxxxxxxCoulter, GSK, their AFFILIATES or any of their SUBLICENSEES that breach any breaxx xxx provisions of this Section 6.

NO CHALLENGES RE NEORX PATENT FAMILY. 6.2.1 Biogen Idec hereby agrees that neither it nor any AFFILIATE or any licensee or sublicensee of THE NEORX PATENT FAMILY will file or prosecute, or encourage or assist directly or indirectly any THIRD PARTY in filing or prosecuting, any claim, or lawsuit, or claim, cross-claim or counterclaim for patent infringement of any of THE NEORX PATENT FAMILY against the following persons or entities[*]: (a) any pharmacy[*], radiopharmacy [*] or nuclear medicine pharmacy [*] or facility [*] to the extent it is a recipient of BEXXAR for preparation and/or administration [*] to one or more particular patients[*]; (b) any hospital [*] or governmental health agency [*] to the extent it is a recipient of BEXXAR for preparation and/or administration [*] to one or more particular patients[*]; (c) any physician[*], nuclear medicine practitioner [*] or licensed health care practitioner [*] to the extent he [*] or she prescribes, prepares, and/or administers [*] BEXXAR to one or more particular patients[*]; (d) any health care insurance company[*]; and (e) Corixa, XxxxxxxCoulter, GSK, their AFFILIATES and any SUBLICENSEES of the foregoing as well as foxxxxxxx xx xxxx xx any of their distributors, importers, exporters, wholesalers, manufacturers, or customers. Subpart (e) of this paragraph 6.2.1 shall be null and void and of no further force or effect solely with respect to any of Corixa, XxxxxxxCoulter, GSK, their AFFILIATES or any of their SUBLICENSEES that breach any breaxx xxx provisions of this Section 6.