Common use of Patent Certifications Clause in Contracts

Patent Certifications. Each Party shall promptly give written notice to the other Party of any certification filed 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 Licensed Compound Patent Right or Joint Patent Right Covering the composition of matter or method of use of any Licensed Compound or Product is invalid or that infringement will not arise from a Third Party conducting a Licensed Activity.

Appears in 2 contracts

Samples: License Agreement, License Agreement (Exelixis Inc)

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Patent Certifications. Each Party shall promptly 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 Licensed Compound Patent Right of either Party related to this Agreement has expired or Joint Patent Right Covering the composition of matter is invalid, unenforceable or method of use of any Licensed Compound or Product is invalid or that infringement will not arise from a Third Party conducting a Licensed Activityinfringed.

Appears in 2 contracts

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

Patent Certifications. Each Party shall promptly immediately give written 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 Licensed Compound Patent Right of either Party related to this Agreement has expired or Joint Patent Right Covering the composition is invalid, unenforcable or uninfringed. Wyeth shall control any such action using counsel of matter or method of use of any Licensed Compound or Product is invalid or that infringement will not arise from a Third Party conducting a Licensed Activityits own choice at its expense.

Appears in 1 contract

Samples: Development Agreement (Progenics Pharmaceuticals Inc)

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Patent Certifications. Each Party shall promptly immediately give written notice to the other Party of that any certification of which it becomes aware has been filed 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 the VGX Patent Rights, Genetronics Patent Rights, or Collaboration Patent Rights covering any Licensed Compound Patent Right or Joint Patent Right Covering the composition of matter or method of use of any Licensed Compound or Product is are invalid or that infringement will would not arise from the Development, Manufacture or Commercialization of such product by a Third Party conducting a Licensed ActivityParty.

Appears in 1 contract

Samples: License and Development Agreement (Inovio Biomedical Corp)

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