Common use of Patent Term Extensions or Restorations and Supplemental Protection Certificates Clause in Contracts

Patent Term Extensions or Restorations and Supplemental Protection Certificates. The Parties shall cooperate with each other in obtaining patent term extensions or restorations or supplemental protection certificates or their equivalents in any country in the Territory where applicable and where desired by ACORDA. If elections with respect to obtaining such extension or supplemental protection certificates are to be made, ACORDA shall have the right to make the election and CSRO shall abide by such election. CSRO shall notify ACORDA of (a) the issuance of each U.S. patent included within the Patent Assets, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the Patent Assets pursuant to the United States Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the “1984 Act”), including notices pursuant to §§ 101 and 103 of the 1984 Act from persons who have filed an abbreviated new drug application (“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 1984 Act, whichever is applicable. The Party responsible for filing shall notify the other Party of each filing for patent term extension or restoration under the 1984 Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent Assets. Likewise, the responsible Party shall inform the other Party of patent extensions in the rest of the world regarding any Product.

Patent Term Extensions or Restorations and Supplemental Protection Certificates. The Parties shall cooperate with each other in obtaining patent term extensions or restorations or supplemental protection certificates or their equivalents in any country in the Territory where applicable and where desired by ACORDAapplicable. If elections with respect to obtaining such extension or supplemental protection certificates are to be made, ACORDA INDEVUS shall have the right to make the election and CSRO AVENTIS shall abide by such election. CSRO AVENTIS shall notify ACORDA INDEVUS of (a) the issuance of each U.S. patent included within the AVENTIS Patent Assets, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the AVENTIS Patent Assets pursuant to the United States Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the “1984 Act”), including notices pursuant to §§ 101 and 103 of the 1984 Act from persons who have filed an abbreviated new drug application NDA (“ANDA”). Such notices shall be given promptly, but in any event within five (5) calendar days Business Days of each such patent’s date of issue or receipt of each such notice pursuant to the 1984 Act, whichever is applicable. The Party responsible for filing AVENTIS shall notify the other Party INDEVUS of each filing for patent term extension or restoration under the 1984 Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the AVENTIS Patent Assets. Likewise, the responsible Party AVENTIS shall inform the other Party INDEVUS of patent extensions in the rest of the world regarding any Compound or Product.

Patent Term Extensions or Restorations and Supplemental Protection Certificates. The Parties shall cooperate with each other in obtaining patent term extensions or restorations or supplemental protection certificates or their equivalents in any country in the Territory where applicable and where desired by ACORDAINDEVUS. If elections with respect to obtaining such extension or supplemental protection certificates are to be made, ACORDA INDEVUS shall have the right to make the election and CSRO ATLANTIC shall abide by such election. CSRO ATLANTIC shall notify ACORDA INDEVUS of (a) the issuance of each U.S. patent included within the Patent Assets, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the Patent Assets pursuant to the United States Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the “" 1984 Act”"), including notices pursuant to §§ 101 toss.ss.101 and 103 of the 1984 Act from persons who have filed an abbreviated new drug application NDA (“"ANDA”"). Such notices shall be given promptly, but in any event within five (5) calendar days of each such patent’s 's date of issue or receipt of each such notice pursuant to the 1984 Act, whichever is applicable. The Party responsible for filing ATLANTIC shall notify the other Party INDEVUS of each filing for patent term extension or restoration under the 1984 Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent Assets. Likewise, the responsible Party ATLANTIC shall inform the other Party INDEVUS of patent extensions in the rest of the world regarding any Compound or Product.

Patent Term Extensions or Restorations and Supplemental Protection Certificates. The Parties shall cooperate with each other in obtaining patent term extensions or restorations or supplemental protection certificates or their equivalents in any country in the Territory where applicable and where desired by ACORDAINDEVUS. If elections with respect to obtaining such extension or supplemental protection certificates are to be made, ACORDA INDEVUS shall have the right to make the election and CSRO XXXXXXXX shall abide by such election. CSRO XXXXXXXX shall notify ACORDA INDEVUS of (a) the issuance of each U.S. patent included within the XXXXXXXX Patent Assets, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the XXXXXXXX Patent Assets pursuant to the United States Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the ““ 1984 Act”), including notices pursuant to §§ 101 and 103 of the 1984 Act from persons who have filed an abbreviated new drug application 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 1984 Act, whichever is applicable. The Party responsible for filing XXXXXXXX shall notify the other Party INDEVUS of each filing for patent term extension or restoration under the 1984 Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the XXXXXXXX Patent Assets. Likewise, the responsible Party XXXXXXXX shall inform the other Party INDEVUS of patent extensions in the rest of the world regarding any Compound or Product.

Patent Term Extensions or Restorations and Supplemental Protection Certificates. The Parties shall cooperate with each other in obtaining patent term extensions or restorations or supplemental protection certificates or their equivalents in any country in the Territory where applicable and where desired by ACORDAINDEVUS. If elections with respect to obtaining such extension or supplemental protection certificates are to be made, ACORDA INDEVUS shall have the right to make the election and CSRO ATLANTIC shall abide by such election. CSRO ATLANTIC shall notify ACORDA INDEVUS of (a) the issuance of each U.S. patent included within the Patent Assets, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the Patent Assets pursuant to the United States Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the “" 1984 Act”"), including notices pursuant to §§ ss.ss. 101 and 103 of the 1984 Act from persons who have filed fxxxx an abbreviated new drug application NDA (“"ANDA”"). Such notices shall be given promptly, but in any event within five (5) calendar days of each such patent’s 's date of issue or receipt of each such notice pursuant to the 1984 Act, whichever is applicable. The Party responsible for filing ATLANTIC shall notify the other Party INDEVUS of each filing for patent term extension or restoration under the 1984 Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Patent Assets. Likewise, the responsible Party ATLANTIC shall inform the other Party INDEVUS of patent extensions in the rest of the world regarding any Compound or Product.