Common use of Patent Term Restoration Clause in Contracts

Patent Term Restoration. LICENSOR shall notify LICENSEE of (a) the issuance of each U.S. patent included within the LICENSED PATENTS, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the LICENSED PATENTS which it receives as patent owner pursuant to the United Sates Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), including notices pursuant to Sections 101 and 103 of the Act from Persons who have filed a biological license application ("BLA") or an abbreviated new drug application ("ANDA"), whichever is applicable. 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 Act, whichever is applicable. LICENSOR shall notify LICENSEE of each filing for patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the LICENSED PATENTS. Likewise, LICENSOR or LICENSEE, as the case may be, shall inform the other Party of patent extensions and periods of data exclusivity in the rest of the world regarding any PRODUCTS and more generally the Parties shall diligently cooperate with respect to any procedures for patent and period of data exclusivity extensions, such as but not limited to [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Supplementary Protection Certificates, the above-mentioned Patent Term Restoration and corresponding GATT regulations.

Patent Term Restoration. LICENSOR (a) Licensee shall notify LICENSEE Licensors of (ai) the issuance of each U.S. United States patent included within the LICENSED PATENTSPatent Rights, giving the date of issue and patent number for each such patent, patent and (bii) each notice pertaining to any patent included within the LICENSED PATENTS Patent Rights which it receives as patent owner pursuant to the United Sates States Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "“Act"”), including notices pursuant to Sections 101 and 103 of the Act from Persons who have filed a biological license application ("BLA") or an abbreviated new drug application ("ANDA"), whichever is applicableNDA. 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 Act, whichever is applicable. LICENSOR Licensee shall notify LICENSEE Licensors of each filing for patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the LICENSED PATENTS. Patent Rights. (b) Likewise, LICENSOR Licensors or LICENSEELicensee, as the case may be, shall inform the other Party party of patent extensions and periods of data exclusivity in the rest of the world regarding any PRODUCTS Licensed Products and more generally the Parties parties shall diligently cooperate with respect to any procedures for patent and period of data exclusivity extensions, such as but not limited to [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. to, Supplementary Protection Certificates, the above-mentioned Patent Term Restoration patent term restoration and corresponding GATT regulations.

Patent Term Restoration. LICENSOR CISTRON shall notify LICENSEE PMC of (a) the issuance of each U.S. patent included within the LICENSED PATENTS, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the LICENSED PATENTS which it receives as patent owner pursuant to the United Sates Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), including notices pursuant to Sections 101 and 103 of the Act from Persons who have filed a biological license application ("BLA") or an abbreviated new drug application ("ANDA"), whichever is applicable. 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 Act, whichever is applicable. LICENSOR CISTRON shall notify LICENSEE PMC of each filing for patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the LICENSED PATENTS. Likewise, LICENSOR CISTRON or LICENSEEPMC, as the case may be, shall inform the other Party of patent extensions and periods of data exclusivity in the rest of the world regarding any PRODUCTS and more generally the Parties shall diligently cooperate with respect to any procedures for patent and period of data exclusivity extensions, such as but not limited to [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Supplementary Protection Certificates, the above-above- mentioned Patent Term Restoration and corresponding GATT regulations.. -38- 39 ARTICLE 8 - GENERAL PROVISIONS ------------------------------

Patent Term Restoration. LICENSOR CISTRON shall notify LICENSEE PMC of (a) the issuance of each U.S. patent included within the LICENSED OPTIONED PATENTS, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the LICENSED OPTIONED PATENTS which it receives as patent owner pursuant to the United Sates Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), including notices pursuant to Sections 101 and 103 of the Act from Persons who have filed a biological license application ("BLA") or an abbreviated new drug application ("ANDA"), whichever is applicable. 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 ActA ct, whichever is applicable. LICENSOR CISTRON shall notify LICENSEE PMC of each filing for patent term restoration under the Act, any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the LICENSED OPTIONED PATENTS. Likewise, LICENSOR CISTRON or LICENSEEPMC, as the case may be, shall inform the other Party of patent extensions and periods of data exclusivity in the rest of the world regarding any PRODUCTS and more generally the Parties shall diligently cooperate with respect to any procedures for patent and period of data exclusivity extensions, such as but not limited to [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Supplementary Protection Certificates, the above-mentioned Patent Term Restoration and corresponding GATT regulations.