Actavis Product definition
Examples of Actavis Product in a sentence
Further, Actavis represents and warrants, on behalf of itself and on behalf of all other Actavis Releasing Entities, that neither it nor any other Actavis Releasing Entities has assigned or otherwise transferred any Actavis Product Recall Claims to any other entity or third party as of the Effective Date.
Supernus has prosecuted, and Actavis has defended, an action for patent infringement in the United States District Court for the District of New Jersey (the “Court”) regarding the Actavis ANDA and the Actavis Product, which action is captioned Supernus Pharmaceuticals, Inc.
Payments due under this Section 4 shall be made within ** from the end of each ** in which Actavis Product is sold.
For clarity, such ** shall ** to ** to any Actavis Product sold ** any applicable **.
Actavis will have sole discretion, however, in setting the price for the sale of the Actavis Product in the Territory.
Actavis and its Affiliates acknowledge that in the event of a launch or continued Marketing or Shipping by Actavis or its Affiliates of Actavis Product or any other Generic Equivalent Product in the Territory other than as permitted under this License Agreement, the damages to Supernus and its business (including, but not limited to, lost sales of Trokendi XR) would be difficult to calculate and the adequacy of monetary damages calculated at Law would be uncertain.
Actavis admits, solely with respect to the Actavis ANDA, the Actavis Product and the Pending Litigation, that the Litigated Patents, and all the claims contained therein, are valid and enforceable.
There is no action or proceeding pending or, to the Knowledge of Actavis, threatened, including any prosecution, injunction, seizure, civil fine, debarment, suspension or recall, in each case alleging any violation applicable to any Actavis Product or Actavis Product candidate by Actavis or any of the Actavis Subsidiaries of any Law, except as would not, individually or in the aggregate, reasonably be expected to have an Actavis Material Adverse Effect.
Solely for the purposes of the enforcement of the present Agreement and with applicability exclusively to the Actavis ANDA and the Actavis Product, Actavis, for itself and its Affiliates, acknowledges, agrees and admits that the […***…].
Nothing set forth herein shall be deemed to give Orexo or its Affiliates or Galena or its Affiliates any control over any marketing exclusivity that may be granted to Actavis by the FDA in connection with the Actavis ANDA or the Actavis Product.