Common use of Notice of Certification Clause in Contracts

Notice of Certification. Phytera and Lilly each shall immediately give notice to the other of any certification filed under the U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" claiming that a Program Patent, Phytera Patent or Lilly Patent is invalid or that any infringement will not arise from the manufacture, use or sale of any product by a Third Party. If Phytera decides not to bring infringement proceedings against the entity making such a certification with respect to a Phytera Patent or Program Patent, Phytera shall give notice to Lilly of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Lilly may then, but is not required to, bring suit against the Party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Lilly Patent, Lilly shall give notice to Phytera of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Phytera may then, but is not required to, bring suit against the Party that filed the certification. Any suit by Lilly or Phytera shall either be in the name of Lilly or in the name of Phytera, or jointly by Lilly and Phytera, as may be required by law. For this purpose, the Party not bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 shall be paid or received entirely by the Party who pursued the action.

Notice of Certification. Phytera Isis and Lilly each shall immediately upon receiving notice give notice to the other of any certification filed under the U.S. "“Drug Price Competition and Patent Term Restoration Act of 1984" ” claiming that (a) a Program PatentCollaboration Patent Right or Isis Patent Right Covering a Lilly Product being developed or commercialized by Lilly hereunder, Phytera or (b) a Collaboration Patent Right Covering an Isis Product being developed or Lilly Patent commercialized by Isis hereunder, is invalid or that any infringement will not arise from the manufacture, use use, sale, offer for sale or sale import of any product by a Third Party. If Phytera Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Phytera Collaboration Patent Right or Program PatentIsis Patent Right Covering a Lilly Product being developed or commercialized by Lilly hereunder, Phytera Lilly shall give notice to Isis of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Isis may then, but is not required to, bring suit against the entity that filed the certification. If Isis decides not to bring infringement proceedings against the entity making such a certification with respect to a Collaboration Patent Right Covering an Isis Product being developed or commercialized by Isis hereunder, Isis shall give notice to Lilly of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Lilly may then, but is not required to, bring suit against the Party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Lilly Patent, Lilly shall give notice to Phytera of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Phytera may then, but is not required to, bring suit against the Third Party that filed the certification. Any suit by Lilly or Phytera Isis shall either be in the name of Lilly or in the name of PhyteraIsis, or jointly by Lilly and PhyteraIsis, as may be required by law. For this purpose, the Party not bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 12.9 shall be paid or received entirely by the Party who pursued the action.

Notice of Certification. Phytera Ligand and Lilly each shall immediately give notice to the other of any certification filed under the U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" claiming that a Program Joint Patent, Phytera a Ligand Patent or a Lilly Patent is invalid or that any infringement will not arise from the manufacture, use use, import, offer for sale, or sale of any product by a Third Party. If Phytera Ligand decides not to bring infringement proceedings against the entity making such a certification with respect to a Phytera Patent or Program Ligand Patent, Phytera Ligand shall give notice to Lilly of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Lilly may then, but is not required to, bring suit against the Party party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Joint Patent, or a Lilly Patent, Lilly shall give notice to Phytera Ligand of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Phytera Ligand may then, but is not required to, bring suit against the Party party that filed the certification. Any suit by Lilly or Phytera Ligand shall either be in the name of Lilly or in the name of PhyteraLigand, or jointly by Lilly and PhyteraLigand, as may be required by law. For this purpose, the Party party not bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 shall be paid or received entirely by the Party who pursued the action.

Notice of Certification. Phytera Isis and Lilly each shall immediately give notice to the other of any certification filed under the U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" claiming that (a) a Program PatentCollaboration Patent Right or Isis Patent Right Covering a Lilly Product being developed or commercialized by Lilly hereunder, Phytera or (b) a Collaboration Patent Right Covering an Isis Product being developed or Lilly Patent commercialized by Isis hereunder, is invalid or that any infringement will not arise from the manufacture, use use, sale, offer for sale or sale import of any product by a Third Party. If Phytera Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Phytera Collaboration Patent Right or Program PatentIsis Patent Right Covering a Lilly Product being developed or commercialized by Lilly hereunder, Phytera Lilly shall give notice to Isis of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Isis may then, but is not required to, bring suit against the entity that filed the certification. If Isis decides not to bring infringement proceedings against the entity making such a certification with respect to a Collaboration Patent Right Covering an Isis Product being developed or commercialized by Isis hereunder, Isis shall give notice to Lilly of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Lilly may then, but is not required to, bring suit against the Party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Lilly Patent, Lilly shall give notice to Phytera of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Phytera may then, but is not required to, bring suit against the Party that filed the certification. Any suit by Lilly or Phytera Isis shall either be in the name of Lilly or in the name of PhyteraIsis, or jointly by Lilly and PhyteraIsis, as may be required by law. For this purpose, the Party not bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 12.9 shall be paid or received entirely by the Party who pursued the action.

Notice of Certification. Phytera Isis and Lilly each shall immediately give notice to the other of any certification filed under the U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" claiming that (a) a Program PatentCollaboration Patent Right or Isis Patent Right Covering a Lilly Product being developed or commercialized by Lilly hereunder, Phytera or (b) a Collaboration Patent Right Covering an Isis Product being developed or Lilly Patent commercialized by Isis hereunder, is invalid or that any infringement will not arise from the manufacture, use use, sale, offer for sale or sale import of any product by a Third Party. If Phytera Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Phytera Collaboration Patent Right or Program PatentIsis Patent Right Covering a Lilly Product being developed or commercialized by Lilly hereunder, Phytera Lilly shall give notice to Isis of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Isis may then, but is not required to, bring suit against the entity that filed the certification. If Isis decides not to bring infringement proceedings against the entity making such a certification with respect to a Collaboration Patent Right Covering an Isis Product being developed or commercialized by Isis hereunder, Isis shall give notice to Lilly of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Lilly may then, but is not required to, bring suit against the Party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Lilly Patent, Lilly shall give notice to Phytera of its decision not to bring suit within twenty-one (21) days after receipt of notice of such certification. Phytera may then, but is not required to, bring suit against the Party that filed the certification. Any suit by Lilly or Phytera Isis shall either be in the name of Lilly or in the name of PhyteraIsis, or jointly by Lilly and PhyteraIsis, as may be required by law. For this purpose, the Party not *Confidential Treatment Requested 44. bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 12.9 shall be paid or received entirely by the Party who pursued the action.

Notice of Certification. Phytera Novartis and Lilly Vanda each shall immediately give notice to the other of any certification filed under the "U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" (or its foreign equivalent) claiming that a Program Patent, Phytera Patent or Lilly Novartis Patent is invalid or that any infringement will not arise from the manufacture, use or sale of any product Product by a Third Party. If Phytera decides not to bring infringement proceedings against the entity making Party ("Hatch-Waxman Suit Notice"). (a) Within [*] after receipt xx xxxxxx xf such a certification with respect to a Phytera Patent or Program Patent, Phytera [*] shall give written notice to Lilly [*] of its decision not as to whether to bring a suit [*] within twenty-one (21) days after receipt of notice a [*] period from the date of such certification. Lilly Should [*] inform [*] that it is not to bring a suit, then [*] shall be free to immediately bring such a suit in its name. If [*] brings suit, at [*] written request [*] agrees to be named as a party to such suit. If [*] brings such a suit, at [*] written request [*] agrees to be named as a party to such suit. (b) [*] may then, but is not required to, bring suit against the Party party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Lilly Patent, Lilly shall give notice to Phytera of its decision not to bring suit within twenty-one ---------- [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (21c) days after receipt of notice of such certification. Phytera may then, but is not required to, bring suit against the Party that filed the certification. Any suit by Lilly [*] or Phytera [*] shall either be in the name of Lilly [*] or in the name of Phytera[*], or jointly by Lilly in the name of [*] and Phytera[*], as may be required by law. . (d) For this purpose, the Party not bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 shall be paid or received entirely by the Party who pursued the action.

Notice of Certification. Phytera Novartis and Lilly Vanda each shall immediately give notice to the other of any certification filed under the "U.S. "Drug Price Competition and Patent Term Restoration Act of 1984" (or its foreign equivalent) claiming that a Program Patent, Phytera Patent or Lilly Novartis Patent is invalid or that any infringement will not arise from the manufacture, use or sale of any product Product by a Third Party. If Phytera decides not to bring infringement proceedings against the entity making such a certification with respect to a Phytera Patent or Program Patent, Phytera shall give notice to Lilly of its decision not to bring suit within twentyParty ("Xxxxx-one Xxxxxx Suit Notice"). (21a) days Within ten (10) Business Days after receipt of notice of such certification Vanda shall give written notice to Novartis of its decision as to whether to bring a suit at its expense within a thirty (30) Business Day period from the date of such certification. Lilly Should Vanda inform Novartis that it is not to bring a suit, then Novartis shall be free to immediately bring such a suit in its name. If Vanda brings suit, at Vanda's written request Novartis agrees to be named as a party to such suit. If Novartis brings such a suit, at Novartis' written request Vanda agrees to be named as a party to such suit. (b) Novartis may then, but is not required to, bring suit against the Party party that filed the certification. If Lilly decides not to bring infringement proceedings against the entity making such a certification with respect to a Lilly Patent, Lilly shall give notice to Phytera of its decision not to bring suit within twenty-one . (21c) days after receipt of notice of such certification. Phytera may then, but is not required to, bring suit against the Party that filed the certification. Any suit by Lilly Vanda or Phytera Novartis shall either be in the name of Lilly Vanda or in the name of PhyteraNovartis, or jointly by Lilly in the name of Vanda and PhyteraNovartis, as may be required by law. . (d) For this purpose, the Party not bringing suit shall execute such legal papers necessary for the prosecution of such suit as may be reasonably requested by the Party bringing suit. Any costs incurred or benefits received as a result of proceeding under this Section 4.5 shall be paid or received entirely by the Party who pursued the action.