Common use of Notification of Patent Term Restoration Clause in Contracts

Notification of Patent Term Restoration. Ixsys or Xxxxxxx-Xxxxx, as the case may be, shall notify the other party of (a) the issuance of each U.S. patent included within the Patent Rights, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the Patent Rights which it receives as patent owner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), including notices pursuant to Paragraphs 101 and 103 of the Act from persons who have filed an abbreviated NDA ("ANDA"). Such notices shall be given promptly, but in any event within five (5) calendar days of each such patent's date of issue or receipt of each such notice pursuant to the Act, whichever is applicable. Ixsys or Xxxxxxx-Xxxxx, as the case may be, shall notify the other party of each filing for patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent Rights. Likewise, Ixsys or Xxxxxxx-Xxxxx, as the case may be, shall inform the other xxxxx of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.

Notification of Patent Term Restoration. Ixsys Ligand or Xxxxxxx-XxxxxWYETH, as the case may be, shall notify the other party Party of (a) the issuance of each U.S. patent, or foreign patent where extension is possible, included within the Patent Rights, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the Patent Rights which it receives as patent owner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act")) or equivalent foreign laws, including notices pursuant to Paragraphs Sections 101 and 103 of the Act from persons who have filed an abbreviated NDA ("ANDA"). Such notices shall be given promptly, but in any event within five (5) calendar days of each such patent's date of issue or receipt of each such notice pursuant to the Act, whichever is applicable. Ixsys Ligand or Xxxxxxx-XxxxxWYETH, as the case may be, shall notify the other party of each filing for discuss relevant issues and decide upon appropriate action with respect to patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent Rights. Likewise, Ixsys Ligand or Xxxxxxx-XxxxxWYETH, as the case may be, shall inform the other xxxxx Party of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.

Notification of Patent Term Restoration. Ixsys or Xxxxxxx-Xxxxx, as the case may be, shall notify the other party of (a) the issuance of each U.S. patent included within the Licensed Patent Rights or the Improvements Patent Rights, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the within, such Patent Rights which it receives as patent owner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), including notices pursuant to Paragraphs 101 and 103 of the Act from persons who have filed an abbreviated NDA ("ANDA"). Such notices shall be given promptly, but in any event within five (5) calendar days of each such patent's date of issue or receipt of each such notice pursuant to the Act, whichever is applicable. Ixsys or Xxxxxxx-Xxxxx, as the case may be, shall notify the other party of each filing for patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the such Patent Rights. Likewise, Ixsys or Xxxxxxx-Xxxxx, as the case may be, shall inform the other xxxxx party of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.