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 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 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 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 38 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.