Preparation of Initial Patent List. As soon as practicable after the date of receipt by Jazz of a copy of a Biosimilar Application and related manufacturing information and ImmunoGen’s receipt of notice contemplated by Section 9.5.1, Jazz shall prepare and provide ImmunoGen with a list of those patents within the Licensed Patent Rights that Jazz reasonably believes would be infringed by the manufacture or sale of the Proposed Biosimilar Product (the “Proposed Initial Patent List”). As soon as practicable following the date of receipt by ImmunoGen of the Proposed Initial Patent List, ImmunoGen and Jazz shall discuss in good faith the patents within the Licensed Patent Rights to be included on the list to be sent to the Applicant under Section 351(l)(3)(A) of the PHSA (the “Initial Patent List”), and Jazz shall consider in good faith ImmunoGen’s proposals for changes to the Proposed Initial Patent List with respect to the patents within the Licensed Patent Rights. Not later than [***] days following Jazz’s receipt of the Biosimilar Application and related manufacturing information and irrespective of whether Jazz has received comments from ImmunoGen with respect to the Proposed Initial Patent List, Jazz shall provide the Applicant with a copy of the Initial Patent List, which copy may be redacted to delete all Patent Rights included in the Initial Patent List that are not Licensed Patent Rights. Jazz shall have the right to include any of the patents within the Licensed Patent Rights on the Initial Patent List to the extent that Jazz reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or Jazz; provided, however, that the right to control any suit or proceeding in which such a claim is asserted shall be as set forth in Section 9.5.4.
Preparation of Initial Patent List. As soon as practicable after the date of receipt by [**] of a copy of a Biosimilar Application and related Manufacturing information and [**] receipt of the notice contemplated by Section 11.9.1 (Response to Biosimilar Applicants; Notice), or within such other timeframe as the Parties may agree, each Party will prepare a proposed list (the “Proposed Initial Patent List”) of the LogicBio Licensed Patent Rights, or, in the case of CANbridge, other Patent Rights Controlled by [**], that such Party reasonably believes would be infringed by the Manufacture or sale of the Proposed Biosimilar Product and will exchange such Proposed Initial Patent List with the other Party. [**]. The Parties will exchange such Proposed Initial Patent List no later than [**] after the date of receipt by [**] of a copy of the Biosimilar Application and related Manufacturing information, but in any event at least [**] prior to sending the Initial Patent List to the Applicant. As soon as practicable following the date of exchange by the Parties of the Proposed Initial Patent List, [**]. Not later than [**] following [**] receipt of the Biosimilar Application and related Manufacturing information under Section 351(l)(2) of the PHSA, CANbridge will provide the Applicant with a copy of the Initial Patent List.
Preparation of Initial Patent List. As soon as practicable after the date of receipt by Millennium of a copy of a Biosimilar Application and related manufacturing ImmunoGen/Millennium Confidential Portions of the exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
