Common use of Patent Certifications Clause in Contracts

Patent Certifications. Each Party shall immediately give notice to the other Party of any certification filed by a Third Party pursuant to 21 U.S. C. § 355(b)(2)(A) or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) of which it becomes aware claiming that any Patent Right of either Party related to this Agreement has expired or is invalid, unenforceable or not infringed.

Appears in 2 contracts

Samples: License Agreement (Progenics Pharmaceuticals Inc), License Agreement (Salix Pharmaceuticals LTD)

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Patent Certifications. Each Party shall immediately promptly give written notice to the other Party of any certification filed by a Third Party pursuant to 21 U.S. C. U.S.C. § 355(b)(2)(A) or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) of which it becomes aware claiming that any Licensed Compound Patent Right or Joint Patent Right Covering the composition of either matter or method of use of any Licensed Compound or Product is invalid or that infringement will not arise from a Third Party related to this Agreement has expired or is invalid, unenforceable or not infringedconducting a Licensed Activity.

Appears in 2 contracts

Samples: License Agreement, License Agreement (Exelixis Inc)

Patent Certifications. Each Party shall immediately give written notice to the other Party of any certification of which it becomes aware filed by a Third Party pursuant to 21 U.S. C. U.S.C. § 355(b)(2)(A) ), or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) of which it becomes aware claiming that the ELAN Patent Rights, AHPC Patent Rights or Collaboration Patent Rights covering any Patent Right Product are invalid or that infringement will not arise from the manufacture, use or sale of either Party related to this Agreement has expired or is invalid, unenforceable or not infringedsuch Product by a Third Party.

Appears in 1 contract

Samples: Research and Development Agreement (Elan Corp PLC)

Patent Certifications. Each Party shall immediately give written notice to the other Party of any certification filed by a Third Party pursuant to 21 U.S. C. U.S.C. § 355(b)(2)(A) or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) of which it becomes aware claiming that any Patent Right of either Party related to this Agreement has expired or is invalid, unenforceable unenforcable or not infringeduninfringed. Wyeth shall control any such action using counsel of its own choice at its expense.

Appears in 1 contract

Samples: License and Co Development Agreement (Progenics Pharmaceuticals Inc)

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Patent Certifications. Each Party shall immediately give written notice to the other Party of that any certification of which it becomes aware has been filed by a Third Party pursuant to 21 U.S. C. U.S.C. § 355(b)(2)(A) ), or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) of which it becomes aware claiming that the VGX Patent Rights, Genetronics Patent Rights, or Collaboration Patent Rights covering any Patent Right Licensed Product are invalid or that infringement would not arise from the Development, Manufacture or Commercialization of either Party related to this Agreement has expired or is invalid, unenforceable or not infringedsuch product by a Third Party.

Appears in 1 contract

Samples: License Agreement (Inovio Biomedical Corp)

Patent Certifications. Each Party shall immediately give written notice to the other Party of that any certification of which it becomes aware has been filed by a Third Party pursuant to 21 U.S. C. U.S.C. § 355(b)(2)(A) ), or § 355(j)(2)(A)(vii) (or any amendment or successor statute thereto) of which it becomes aware claiming that any Patent Right Rights in the Inovio Licensed Technology covering any Licensed Product are invalid or that infringement would not arise from the Manufacture or Commercialization of either Party related to this Agreement has expired or is invalid, unenforceable or not infringedsuch product by a Third Party.

Appears in 1 contract

Samples: License Agreement (Inovio Biomedical Corp)

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