Common use of No Patent Challenges Clause in Contracts

No Patent Challenges. In partial consideration for the licenses and other rights granted herein, and access to Santarus Know-How or other Confidential Information of Santarus, GSK agrees that if GSK or any of its Affiliates commences, participates in or actively supports in any way any challenge to the validity, enforceability, claim construction or coverage of any Patents Controlled by Santarus claiming or covering the composition, formulation, manufacture, use or sale of Licensed Products in the GSK Territory in any court or before any government or regulatory agency (national or international) with authority to determine the validity, enforceability or scope of such patents, or cause or request a review by any such court or government or regulatory agency of the same, then at any time thereafter Santarus shall be entitled to elect to treat such activity as permissive termination by GSK under Section 13.4.2 of this Agreement in its entirety, and such termination shall be effective immediately upon written notice to GSK.

Appears in 3 contracts

Samples: License Agreement, License Agreement (Salix Pharmaceuticals LTD), License Agreement (Santarus Inc)

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No Patent Challenges. In partial consideration for the appointment, rights and licenses and other rights granted herein, and access to Santarus Knowknow-How or other how and Confidential Information of SantarusInformation, GSK agrees that if GSK or any of its Affiliates commences, participates in or actively supports in any way any challenge to the validity, enforceability, claim construction or coverage of any Patents Controlled patents owned or controlled by Santarus claiming or covering the composition, formulation, manufacture, use or sale of Licensed PR Products in the GSK Territory in any court or before any government or regulatory agency (national or international) with authority to determine the validity, enforceability or scope of such patents, or cause or request a review by any such court or government or regulatory agency of the same, then at any time thereafter Santarus shall be entitled to elect to treat such activity as permissive termination by GSK under Section 13.4.2 12.5.2 of this Agreement in its entiretyAgreement, and such termination shall be effective immediately upon written notice to GSK.

Appears in 1 contract

Samples: Distribution Agreement (Santarus Inc)

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