Common use of Notice of Certification Clause in Contracts

Notice of Certification. Ophidian 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 is invalid or that any infringement will not arise from the manufacture, use or sale of any product by a third party. If Ophidian decides not to bring infringement proceedings against the entity making such a certification, Ophidian 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. Any suit by Lilly or Ophidian shall either be in the name of Lilly or in the name of Ophidian, or jointly by Lilly and Ophidian, 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.

Notice of Certification. Ophidian Generex 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 under Generex Patent Rights or Lilly Patent Rights is invalid or that any an infringement will not arise from the manufacture, use use, import, offer for sale or sale of any product Product by a third partyThird Person. If Ophidian Generex decides not to bring infringement proceedings against the entity making such a certification, Ophidian Generex 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. Any suit by Lilly or Ophidian Generex shall either be in the name of Lilly or in the name of OphidianGenerex, or jointly by Lilly and OphidianGenerex, 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.