ANDA Litigation definition
Examples of ANDA Litigation in a sentence
Depomed shall keep Collegium reasonably informed with respect to the status of and any material developments in the ANDA Litigation, including any settlement discussions in connection therewith, and shall consider in good faith any reasonable input provided by Collegium or its counsel with respect thereto.
Any awards for any motions, applications or other filings for recovery of funds (regardless of type or category), including costs, fees and sanctions related to the ANDA Litigation, whether or not they were on file prior to the Closing Date, shall be retained in full by Depomed.
As between Depomed and Collegium, from and after the Closing, Depomed shall, at its cost and expense, continue to control, direct and maintain control over the ANDA Litigation.
As between Depomed and Collegium, Depomed may settle or otherwise resolve the ANDA Litigation, in its sole and absolute discretion, including by granting ANDA Settlement Distributors the right to Commercialize Generic Versions of Products in the Territory.
In addition to the foregoing, in respect of any Product ANDA Litigation controlled by Seller, Seller shall (a) keep Buyer reasonably informed regarding Seller’s actions with respect to such action and (b) promptly provide Buyer with copies of all documents and other materials filed by any party to such Product ANDA Litigation with the court before which such Product ANDA Litigation is pending.
Seller will transfer control of any Product ANDA Litigation to Buyer promptly after the Closing.
Seller shall engage outside counsel reasonably acceptable to Buyer in any Product ANDA Litigation.
Except for the ANDA Litigation, Depomed and Newco shall cooperate fully with, and as reasonably requested by, Collegium in any action to enforce any Grünenthal Patent in any Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission.
Notwithstanding the foregoing, it is understood and agreed that (x) except for the original notice of a Paragraph IV Claim, Seller’s shall not be obligated to share information pursuant to this Section 4.7 until a common interest agreement has been mutually agreed to and executed by the Parties; and (y) Seller and its Affiliates shall retain the right to initiate Product ANDA Litigation prior to the Closing Date in response to a Paragraph IV Claim.
Buyer shall review and approve any complaint or other filing made by or on behalf of Seller in any Product ANDA Litigation.