Common use of Patent Term Extension Clause in Contracts

Patent Term Extension. BMS and Elixir shall each cooperate with one another and shall use Commercially Reasonable Efforts in obtaining patent term extension (including without limitation, any pediatric exclusivity extensions as may be available) or supplemental protection certificates or their equivalents in any country with respect to patent rights covering the Licensed Products. If elections with respect to obtaining such patent term extensions are to be made, Elixir shall have the right to make the election to seek patent term extension or supplemental protection, provided that such election will be made so as to maximize the period of marketing exclusivity for the Licensed Product. For such purpose, for all Approvals Elixir shall provide BMS with written notice of any expected Approval at least thirty (30) days prior to the expected date of Approval, as well as notice within three (3) business days of receiving each Approval confirming the date of such Approval. Notification of the receipt of an Approval shall be in accordance with Section 15.2 except that the notification shall be sent to: Xxxxxxx-Xxxxx Squibb Company X.X. Xxx 0000 Xxxxx 000 & Province Line Road Princeton, New Jersey 08543-4000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000-000-0000 Facsimile: 000-000-0000

Patent Term Extension. BMS and Elixir Pharmacopeia shall each cooperate with one another and shall use Commercially Reasonable Efforts commercially reasonable efforts in obtaining patent term extension (including without limitation, any pediatric exclusivity extensions as may be available) or supplemental protection certificates or their equivalents in any country with respect to patent rights covering the Licensed Products. If elections with respect to obtaining such patent term extensions are to be made, Elixir Pharmacopeia shall have the right to make the election to seek patent term extension or supplemental protection, provided that such election will be made so as to maximize the period of marketing exclusivity for the Licensed Product. For such purpose, for all Approvals Elixir Pharmacopeia shall provide BMS with written notice of any expected Approval at least thirty (30) days prior to the expected date of Approval, as well as notice within three five (35) business days of receiving each Approval confirming the date of such Approval. Notification of the receipt of an Approval shall be in accordance with Section 15.2 except that the notification shall be sent to: Xxxxxxx-Xxxxx Squibb Company X.X. Xxx 0000 Xxxxx 000 & Province Line Road Princeton, New Jersey 08543-4000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000-000-0000 Facsimile: 000-000-0000**

Patent Term Extension. BMS and Elixir Sunesis shall each cooperate with one another and shall use Commercially Reasonable Efforts in obtaining patent term extension (including without limitation, any pediatric exclusivity extensions as may be available) or supplemental protection certificates or their equivalents in any country with respect to patent rights covering the Licensed Products. If elections with respect to obtaining such patent term extensions are to be made, Elixir Sunesis shall have the right to make the election to seek patent term extension or supplemental protection, provided that such election will be made so as to maximize the period of marketing exclusivity for the Licensed Product. For such purpose, for all Approvals Elixir Sunesis shall provide BMS with written notice of any expected Approval at least thirty (30) days prior to the expected date of Approval, as well as notice within three five (35) business days of receiving each Approval confirming the date of such Approval. Notification of the receipt of an Approval shall be in accordance with Section 15.2 except that the notification shall be sent to: XxxxxxxBxxxxxx-Xxxxx Squibb Company X.X. P.X. Xxx 0000 Xxxxx 000 & Province Line Road Princeton, New Jersey 08543-4000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000600-000-0000 Facsimile: 000600-000-0000

Patent Term Extension. BMS and Elixir Ambit shall each cooperate with one another and shall use Commercially Reasonable Efforts commercially reasonable efforts in obtaining patent term extension (including without limitation, any pediatric exclusivity extensions as may be available) or supplemental protection certificates or their equivalents in any country with respect to patent rights covering the Licensed Products. If elections with respect to obtaining such patent term extensions are to be made, Elixir Ambit shall have the right to make the election to seek patent term extension or supplemental protection, provided that such election will be made so as to maximize the period of marketing exclusivity for the Licensed Product. For such purpose, for all Approvals Elixir Ambit shall provide BMS with written notice of any expected Approval at least thirty (30) days prior to the expected date of Approval, as well as notice within three five (35) business days of receiving each Approval confirming the date of such Approval. Notification of the receipt of an Approval shall be in accordance with Section 15.2 except that the notification shall be sent to: XxxxxxxBxxxxxx-Xxxxx Squibb Company X.X. P.X. Xxx 0000 Xxxxx Rxxxx 000 & Province Line Road PrincetonXxxxxxxx Xxxx Xxxx Xxxxxxxxx, New Jersey 08543Xxx Xxxxxx 00000-4000 0000 Attention: Vice President and Chief Intellectual Property Counsel Telephone: 000600-000-0000 Facsimile: 000600-000-0000