Common use of Patent and Regulatory Litigation Clause in Contracts

Patent and Regulatory Litigation. 6.9.1 Par's legal counsel shall be responsible for managing any litigation brought by the Parties or by a Third Party seeking a judicial determination of whether the submission of Par's ANDA or the importation, manufacture, use, sale or marketing of a Product infringes the patent rights of such Third Party ("Patent Litigation"). Par's legal counsel shall also be responsible for managing the Parties' participation in any Proceedings and litigation related to citizen's petitions filed with the FDA regarding a Product or any claims based on or related to the Parties' or a Third Party's attempt to secure, challenge or appeal an FDA decision concerning such Product or competitive products (collectively, "Regulatory Litigation"). Par shall control and manage Patent Litigation and Regulatory Litigation and any other matters relating to Intellectual Property rights of a Third Party in its discretion, using counsel of its choice. In connection with such Patent Litigation, Regulatory Litigation or such other matters, each Party shall cooperate with each other at its own expense.

Appears in 2 contracts

Samples: Development Services and Commercialization Agreement (IntelGenx Technologies Corp.), Development Services and Commercialization Agreement (IntelGenx Technologies Corp.)

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Patent and Regulatory Litigation. 6.9.1 Par's ’s legal counsel shall be responsible for managing any litigation brought by the Parties or by a Third Party seeking a judicial determination of whether the submission of Par's ’s ANDA or the importation, manufacture, use, sale or marketing of a the Product infringes the patent rights of such Third Party ("Patent Litigation"). Par's ’s legal counsel shall also be responsible for managing the Parties' participation in any Proceedings and litigation related to citizen's ’s petitions filed with the FDA regarding a the Product or any claims based on or related to the Parties' or a Third Party's ’s attempt to secure, challenge or appeal an FDA decision concerning such the Product or competitive products (collectively, "Regulatory Litigation"). Par shall control and manage Patent Litigation and Regulatory Litigation and any other matters relating to Intellectual Property rights of a Third Party in its discretion, using counsel of its choice. In connection with such Patent Litigation, Regulatory Litigation or such other matters, each Party shall cooperate with each other at its own expense.

Appears in 2 contracts

Samples: Development Services and Commercialization Agreement (IntelGenx Technologies Corp.), Development Services and Commercialization Agreement (IntelGenx Technologies Corp.)

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