Common use of Preparation of Proposed Patent List Clause in Contracts

Preparation of Proposed Patent List. Not later than [***] days from the date of receipt by Novartis of the Biosimilar Notice, Novartis shall prepare and provide ImmunoGen with a list (the “Proposed Patent List”) of (i) those patents within the Licensed Patent Rights, if any, that Novartis reasonably believes would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product and (ii) those patents within the Licensed Patent Rights, if any, that Novartis would be willing to sublicense to such Applicant in accordance with the terms of this Agreement, and with such other information pertaining to the Licensed Patent Rights as would be required to be provided to the Applicant under the BPCIA or other Applicable Law (the “Other Required Information”). Within [***] days following the date of receipt by ImmunoGen of the Proposed Patent List and Other Required Information, ImmunoGen and Novartis shall discuss in good faith the Proposed Patent List and the Other Required Information and Novartis shall consider in good faith ImmunoGen’s proposals for changes to the Proposed Patent List and the Other Required Information. Within [***] days following Novartis’ receipt of the Biosimilar Notice, Novartis shall provide the Applicant with a copy of the Proposed Patent List and the Other Required Information; provided, however, that the Proposed Patent List provided to Applicant shall include any patent within the Licensed Patent Rights specified in writing by ImmunoGen for inclusion, absent manifest error.

Preparation of Proposed Patent List. Not later than [***] days from the date of receipt by Novartis Lilly of the a copy of a Biosimilar NoticeApplication and related manufacturing information, Novartis Lilly, with cooperation from ImmunoGen shall prepare and provide ImmunoGen with a list (the “Proposed Patent List”) of (iA) those patents within the Licensed Patent Rights, if any, Rights that Novartis Lilly reasonably believes would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product and (iiB) those patents within the Licensed Patent Rights, if any, that Novartis Lilly would be willing to sublicense to such Applicant in accordance with the terms of this Agreement, and with such other information pertaining to the Licensed Patent Rights . As soon as would be required to be provided to the Applicant under the BPCIA or other Applicable Law (the “Other Required Information”). Within [***] days practicable following the date of receipt by ImmunoGen of the Proposed Patent List and Other Required InformationList, ImmunoGen and Novartis Lilly shall discuss in good faith the patents within the Licensed Patent Rights to be included on the Proposed Patent List and the Other Required Information and Novartis Lilly shall consider in good faith ImmunoGen’s proposals for changes to the Proposed Patent List and with respect to the Other Required Informationpatents within the Licensed Patent Rights. Within Not later than [***] days following Novartis’ Lilly’s receipt of the Biosimilar NoticeApplication Portions of this Exhibit, Novartis shall provide indicated by the Applicant xxxx “[***],” were omitted and have been filed separately with a copy the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Proposed Patent List and the Other Required Information; providedSecurities Exchange Act of 1934, however, that the Proposed Patent List provided to Applicant shall include any patent within the Licensed Patent Rights specified in writing by ImmunoGen for inclusion, absent manifest erroras amended.

Preparation of Proposed Patent List. Not later than [***] days from the date of receipt by Novartis of the Biosimilar Notice, Novartis shall prepare and provide ImmunoGen with a list (the “Proposed Patent List”) of (i) those patents within the Licensed Patent Rights, if any, that Novartis reasonably believes would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product and (ii) those patents within the Licensed Patent Rights, if any, that Novartis would be willing to sublicense to such Applicant in accordance with the terms of this Agreement, and with such other information pertaining to the Licensed Patent Rights as would be required to be provided to the Applicant under the BPCIA or other Applicable Law (the “Other Required Information”). Within [***] days following the date of receipt by ImmunoGen of the Proposed Patent List and Other Required Information, ImmunoGen and Novartis shall discuss in good faith the Proposed Patent List and the Other Required Information and Novartis shall consider in good faith ImmunoGen’s proposals for changes to the Proposed Patent List and the Other Required Information. Within [***] days following Novartis’ receipt of the Biosimilar Notice, Novartis shall provide the Applicant with a copy of the Proposed Patent List and the Other Required Information; provided, however, that the Proposed Patent List provided to Applicant shall include any patent within the Licensed Patent Rights specified in writing by ImmunoGen for inclusion, absent manifest error.