Common use of Notification of Patent Term Restoration Clause in Contracts

Notification of Patent Term Restoration. Ligand or WYETH, as the case may be, shall notify the other 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 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. Ligand or WYETH, as the case may be, shall 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, Ligand or WYETH, as the case may be, shall inform the other Party of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.

Notification of Patent Term Restoration. Ligand Ixsys or WYETHXxxxxxx-Xxxxx, 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 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") or equivalent foreign laws), including notices pursuant to Sections 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. Ligand Ixsys or WYETHXxxxxxx-Xxxxx, as the case may be, shall discuss relevant issues and decide upon appropriate action with respect to 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, Ligand Ixsys or WYETHXxxxxxx-Xxxxx, as the case may be, shall inform the other Party party of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.

Notification of Patent Term Restoration. Ligand Ixsys or WYETHXxxxxxx-Xxxxx, 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 Sections 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. Ligand Ixsys or WYETHXxxxxxx-Xxxxx, as the case may be, shall discuss relevant issues and decide upon appropriate action with respect to 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, Ligand Ixsys or WYETHXxxxxxx-Xxxxx, as the case may be, shall inform the other Party xxxxx of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.. ARTICLE 20

Notification of Patent Term Restoration. Ligand Ixsys or WYETHXxxxxxx-Xxxxx, 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 Sections 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. Ligand Ixsys or WYETHXxxxxxx-Xxxxx, as the case may be, shall discuss relevant issues and decide upon appropriate action with respect to 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, Ligand Ixsys or WYETHXxxxxxx-Xxxxx, as the case may be, shall inform the other Party xxxxx of patent extensions and periods of data exclusivity in the rest of the world regarding any Product.

Notification of Patent Term Restoration. Ligand LIGAND or WYETHSB, 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 RightsPATENT ***Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. 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 PATENT RIGHTS which it receives as patent owner pursuant to U.S. law, including but not limited to the Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act") ), or equivalent foreign laws, including notices pursuant to Sections SectionSection 101 and 103 of the Act from persons who have filed an abbreviated NDA ("ANDA") or with respect to an NDA pursuant to 21 U.S.C. Section355(b). 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 Actlaw, whichever is applicable. Ligand LIGAND or WYETHSB, as the case may be, shall discuss relevant issues and decide upon appropriate action with respect to patent term restoration under the Actlaw, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent RightsPATENT RIGHTS. Likewise, Ligand LIGAND or WYETHSB, as the case may be, shall inform the other Party party of patent extensions and periods of data exclusivity in the rest of the world regarding any ProductPRODUCT.