Common use of Notice of Certification Clause in Contracts

Notice of Certification. BTC and Auxilium 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 BTC Patent is invalid or that infringement will not arise from the manufacture, use or sale of any Product by a Third Party. (a) If Auxilium decides not to bring infringement proceedings against the entity making such a certification Auxilium shall give notice to BTC of its decision not to bring suit within twenty one (21) days after receipt of notice of such certification. For clarity, if Auxilium does bring such infringement proceedings against the entity making such a certification the costs incurred by Auxilium in connection with such suit shall be creditable against milestone payments payable by Auxilium in accordance with Article 7. (b) BTC may then, but is not required to, bring suit against the Party that filed the certification. (c) Any suit by Auxilium or BTC shall either be in the name of Auxilium or in the name of BTC, or jointly in the name of Auxilium and BTC, 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.

Notice of Certification. BTC and Auxilium 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 BTC Patent is invalid or that infringement will not arise from the manufacture, use or sale of any Product by a Third Party. (a) If Auxilium BTC decides not to bring infringement proceedings against the entity making such a certification Auxilium certification, BTC shall give notice to BTC Auxilium of its decision not to bring suit within twenty one (21) days after receipt of notice of such certification. For clarity. (b) Auxilium may then, if Auxilium does but is not required to, bring such infringement proceedings suit against the entity making such a certification Party that filed the certification; provided, however, that the costs incurred by Auxilium in connection with such suit shall be creditable against milestone payments payable by Auxilium in accordance with Article 7. (b) BTC may then, but is not required to, bring suit against the Party that filed the certification. (c) Any suit by Auxilium or BTC shall either be in the name of Auxilium or in the name of BTC, or jointly in the name of Auxilium and BTC, 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.

Notice of Certification. BTC and Auxilium 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 BTC Patent is invalid or that infringement will not arise from the manufacture, use or sale of any Product by a Third Party. (a) If Auxilium BTC decides not to bring infringement proceedings against the entity making such a certification Auxilium certification, BTC shall give notice to BTC Auxilium of its decision not to bring suit within twenty one (21) days after receipt of notice of such certification. For clarity. (b) Auxilium may then, if Auxilium does but is not required to, bring such infringement proceedings suit against the entity making such a certification Party that filed the certification; provided, however, that the costs incurred by Auxilium in connection with such suit shall be creditable against milestone payments payable by Auxilium in accordance with Article 7. (b) BTC may then, but is not required to, bring suit against the Party that filed the certification. (c) Any suit by Auxilium or BTC shall either be in the name of Auxilium or in the name of BTC, or jointly in the name of Auxilium and BTC, 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.