Common use of Notification of Patent Term Restoration Clause in Contracts

Notification of Patent Term Restoration. Each of Diacrin and Genzyme shall notify the other Party of (i) the issuance of each United States patent included within the notifying Party's Patent Rights, giving the date of issue and patent number for each such patent, and (ii) each notice pertaining to any patent included within the notifying Party's Patent Rights which it receives as patent owner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984, including notices pursuant to 101 and 103 of such Act from persons who have filed an abbreviated NDA. Such notices shall be given promptly, but in any event within ten (10) business days after receipt of each such notice pursuant to such Act. Each of Diacrin and Genzyme shall notify the other Party of each filing for patent term restoration under such Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the notifying Party's Patent Rights.

Notification of Patent Term Restoration. Each of Diacrin BioMarin and Genzyme --------------------------------------- shall notify the other Party of (ia) the issuance of each United States patent included within the Patent Rights for which the notifying Party's Patent RightsParty is responsible pursuant to Section 9.2.1 above, giving the date of issue and patent number for each such patent, and (iib) each notice pertaining to any patent included within the notifying Party's Patent Rights for which the notifying Party is so responsible which it receives as patent owner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984, including notices pursuant to 101 (S)(S)101 and 103 of such Act from persons who have filed an abbreviated NDA. Such notices shall be given promptly, but in any event within ten (10) business days after receipt of each such notice pursuant to such Act. Each of Diacrin BioMarin and Genzyme shall notify the other Party of each filing for patent term restoration under such Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent Rights for which the notifying Party's Patent RightsParty is responsible.