Paragraph IV Certification definition
Examples of Paragraph IV Certification in a sentence
Notwithstanding the foregoing, each Party shall notify the other Party within two (2) Business Days of its receipt of, or receipt of notice of, any Paragraph IV Certification.
The “Applicable Period” shall, in the context of a Paragraph IV Certification by a Third Party, mean (a) a period of twenty-one (21) days after USL receives notice of the Third Party Paragraph IV certification, and (b) shall otherwise mean a period of thirty (30) days after giving or receiving notice under Section 14.1 of this Agreement of the alleged Third Party infringement.
In the event either Party receives notice that a Third Party has filed a patent certification under the Xxxxx-Xxxxxx Act or any successor statute (e.g., a Paragraph IV Certification under 21 C.F.R. §314.50(i) or 314.94(a)(12)) referencing a Patent licensed under Section 3.1, then such Party shall immediately notify the other Party in writing of such notice.
Responsibility for defending against any such action or Paragraph IV Certification will be determined in the same manner as enforcement of the relevant Patent Rights pursuant to Section 7.3.
Each of the Parties will promptly notify the other in the event of any legal or administrative action by any Third Party against (i) Rib-X Patent Rights, (ii) Sanofi Patent Rights and (iii) Patent Rights that describe and claim Joint Inventions, in each case that Covers a Licensed Product of which it becomes aware, including any nullity, revocation, reexamination or compulsory license proceeding or, in accordance with Section 7.6, any Paragraph IV Certification.