Common use of Notification of Patent Certification Clause in Contracts

Notification of Patent Certification. PDL shall notify and provide BMS with copies of any allegations of alleged patent invalidity, unenforceability or non-infringement of any PDL Licensed Patent pursuant to a certification by a Third Party under any applicable law governing the filing of an expedited new drug application for a biological product (similar to a Paragraph IV Patent Certification by a Third Party filing an Abbreviated New Drug Application). Such notification and copies shall be provided to BMS by PDL as soon as practicable and at least within [****]* after PDL receives such certification, and shall be sent by facsimile and overnight courier to the address set forth below: Xxxxxxx-Xxxxx Squibb Company X.X. Xxx 0000 Xxxxx 000 & Province Line Road Princeton, New Jersey 08543-4000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000-000-0000 Facsimile: 000-000-0000

Notification of Patent Certification. PDL shall notify and provide BMS with copies of any allegations of alleged patent invalidity, unenforceability or non-infringement of any PDL Licensed Patent pursuant to a certification by a Third Party under any applicable law governing the filing of an expedited new drug application for a biological product (similar to a Paragraph IV Patent Certification by a Third Party filing an Abbreviated New Drug Application). Such notification and copies shall be provided to BMS by PDL as soon as practicable and at least within [****]* after PDL receives such certification, and shall be sent by facsimile and overnight courier to the address set forth below: Xxxxxxx-Xxxxx Squibb Company X.X. P.X. Xxx 0000 Xxxxx 000 & Province Line Road Princeton, New Jersey 08543-4000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000-000-0000 Facsimile: 000-000-0000

Notification of Patent Certification. PDL Exelixis shall notify and provide BMS with copies of any allegations of alleged patent invalidity, unenforceability or non-infringement of any PDL Licensed an Exelixis Patent licensed hereunder pursuant to a certification by a Third Party under any applicable law governing the filing of an expedited new drug application for a biological product (similar to a Paragraph IV Patent Certification by a Third Party third party filing an Abbreviated New Drug Application), an application under §505(b)(2) or other similar patent certification by a third party, and any foreign equivalent thereof. Such notification and copies shall be provided to BMS by PDL Exelixis as soon as practicable and at least within [****][ * ] after PDL Exelixis receives such certification, and shall be sent by facsimile and overnight courier to the address set forth below: Xxxxxxx-Xxxxx Squibb Company X.X. Xxx 0000 Xxxxx 000 & Province Line Road Princeton, New Jersey 08543-4000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000-000-0000 Facsimile: 000-000-0000