Common use of Supplements to Proposed Patent List Clause in Contracts

Supplements to Proposed Patent List. ImmunoGen shall provide CytomX with a copy of any U.S. patent within the Licensed Patent Rights that is issued after CytomX has provided the Proposed Patent List to the Applicant within [***] day after such issuance. As soon as practicable following the date of receipt by CytomX of any such patent, ImmunoGen and CytomX shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. CytomX shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] days after the issuance of such patent if CytomX reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX or if ImmunoGen, absent manifest error, requests that CytomX supplement the Proposed Patent List to include such patent provided, however, that ImmunoGen shall indemnify CytomX in accordance with Section 9.2 hereof to the extent any supplement submissions requested by ImmunoGen are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. ImmunoGen CytomX shall provide CytomX ImmunoGen with a copy of any U.S. patent within the Licensed Patent Rights that is issued after CytomX ImmunoGen has provided the Proposed Patent List to the Applicant within [***] day after such issuance. As soon as practicable following the date of receipt by CytomX ImmunoGen of any such patent, CytomX and ImmunoGen and CytomX shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. CytomX ImmunoGen shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] days after the issuance of such patent if CytomX ImmunoGen reasonably believes that a claim of patent infringement for such patent could be asserted by either CytomX or ImmunoGen or CytomX or if ImmunoGenCytomX, absent manifest error, requests that CytomX ImmunoGen supplement the Proposed Patent List to include such patent provided, however, that ImmunoGen CytomX shall indemnify CytomX ImmunoGen in accordance with Section 9.2 hereof to the extent any supplement submissions requested by ImmunoGen CytomX are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. ImmunoGen shall provide CytomX Lilly with a copy of any U.S. patent within the Licensed Patent Rights that is issued after CytomX Lilly has provided the Proposed Patent List to the Applicant within [***] day after such issuance. As soon as practicable following the date of receipt by CytomX Lilly of any such patent, ImmunoGen and CytomX Lilly shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. CytomX Lilly shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] days after the issuance of such patent if CytomX Lilly reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX Lilly or if ImmunoGen, absent manifest error, requests that CytomX Lilly supplement the Proposed Patent List to include such patent provided, however, that ImmunoGen shall indemnify CytomX Lilly in accordance with Section 9.2 10.1(b) hereof to the extent any supplement submissions requested by ImmunoGen are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. ImmunoGen shall provide CytomX with a copy of any U.S. patent within the Licensed Patent Rights that is issued after CytomX has provided the Proposed Patent List to the Applicant within [***] ten (10) day after such issuance. As soon as practicable following the date of receipt by CytomX of any such patent, ImmunoGen and CytomX shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. CytomX shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] thirty (30) days after the issuance of such patent if CytomX reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX or if ImmunoGen, absent manifest error, requests that CytomX supplement the Proposed Patent List to include such patent provided, however, that ImmunoGen shall indemnify CytomX in accordance with Section 9.2 hereof to the extent any supplement submissions requested by ImmunoGen are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. ImmunoGen CytomX shall provide CytomX ImmunoGen with a copy of any U.S. patent within the Licensed Patent Rights that is issued after CytomX ImmunoGen has provided the Proposed Patent List to the Applicant within [***] ten (10) day after such issuance. As soon as practicable following the date of receipt by CytomX ImmunoGen of any such patent, CytomX and ImmunoGen and CytomX shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. CytomX ImmunoGen shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] thirty (30) days after the issuance of such patent if CytomX ImmunoGen reasonably believes that a claim of patent infringement for such patent could be asserted by either CytomX or ImmunoGen or CytomX or if ImmunoGenCytomX, absent manifest error, requests that CytomX ImmunoGen supplement the Proposed Patent List to include such patent provided, however, that ImmunoGen CytomX shall indemnify CytomX ImmunoGen in accordance with Section 9.2 hereof to the extent any supplement submissions requested by ImmunoGen CytomX are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. ImmunoGen shall provide CytomX with a copy of any U.S. patent within the Licensed Patent Rights that is issued after CytomX has provided the Proposed Patent List to the Applicant within [***] ten (10) day after such issuance. As soon as practicable following the date of receipt by CytomX of any such patent, ImmunoGen and CytomX shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. CytomX shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than thirty (30) days [***] days Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. after the issuance of such patent if CytomX reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX or if ImmunoGen, absent manifest error, requests that CytomX supplement the Proposed Patent List to include such patent provided, however, that ImmunoGen shall indemnify CytomX in accordance with Section 9.2 hereof to the extent any supplement submissions requested by ImmunoGen are determined to have been made negligently or in bad faith.