Authorization Relating to Patent Term Extension. Bukwang hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle (a) to include in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among the Bukwang Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Patents under § 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensors, to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Patents in such country, upon request by Triangle, Bukwang shall authorize Triangle and shall use its best efforts to obtain the Primary Licensors’ authorization for Triangle or, if requested by Triangle, its sublicensees, to apply for such extension, in consultation with Bukwang and the Primary Licensors. Bukwang agrees to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 18.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ fees, of any suit for infringement brought by Triangle under subsection (b) above.
Authorization Relating to Patent Term Extension. Grünenthal hereby authorizes OMP to
Authorization Relating to Patent Term Extension. ADDEX hereby authorizes OMP to (a) provide in any MAA for Collaboration Product in the Territory a list of Patents which includes ADDEX Patents that relate to the Collaboration Compound and Collaboration Product and such other information as OMP believes is appropriate; (b) commence suit for infringement of ADDEX Patents under § 271(e) (2) of Title 35 of the United States Code; and (c) exercise any rights that may be exercisable by ADDEX as patent owner under the Act, including without limitation, applying for an extension of the term of any patent included in ADDEX Patents. In the event that applicable law in any country of Territory provides for the extension of the term of any Patent included among ADDEX Patents, OMP shall use its reasonable efforts to obtain such an extension or, in lieu thereof, OMP may request ADDEX to file an application for such patent term extension. OMP and ADDEX agree to cooperate with one another in obtaining such extension. It is understood that OMP will decide on how to make the patent protection extension. ADDEX agrees to cooperate with OMP or its Sublicensees, as applicable, in the exercise of the authorization granted herein and will execute such documents and take such additional action as OMP may reasonably request in connection therewith, including, if necessary, permitting itself to be joined as a party in any suit for infringement brought by OMP under subsection (b) above.
Authorization Relating to Patent Term Extension. LICENSOR hereby authorizes COMPANY: (a) to include in any data submission for a Licensed Product, as COMPANY may deem appropriate under 21 U.S.C. 355(b), (c)(2), a list of patents included among the Licensed Patents that relate to such Licensed Product and such other information as COMPANY in its reasonable discretion believes is appropriate to be filed in such submission; and (b) to exercise any rights that may be exercisable by LICENSOR as patent owner under the Act to apply for patent term restoration or extension, or supplemental protection certificates or their equivalents in any country in the Territory for any patent included among the Licensed Patents that covers a Licensed Product. LICENSOR agrees to cooperate with COMPANY or its sublicensees, as applicable, in the exercise of the authorization granted herein or which may be granted pursuant to this Section 6.6 and will execute such documents and take such additional action as COMPANY may reasonably request in connection therewith, at COMPANY’s expense.
Authorization Relating to Patent Term Extension. SEPRACOR hereby authorizes UCB (a) to include in any NDA for a PRODUCT, as UCB may deem appropriate under the Act, a list of patents included among the SEPRACOR PATENTS that relate to such PRODUCT and such other information as UCB in its reasonable discretion believes is appropriate to be filed pursuant to the Act; and (b) in consultation with SEPRACOR, to exercise any rights that may be exercisable by SEPRACOR as patent owners under the Act to apply for an extension of the term of any patent included among the SEPRACOR PATENTS. SEPRACOR agrees to cooperate with UCB or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 11.11 and will execute such documents and take such additional action as UCB may reasonably request in connection therewith.
Authorization Relating to Patent Term Extension. In the event that applicable law in any country within the Territory provides for the extension of the term of any patent included among the BIAL Patents, BIAL will apply for and use its reasonable efforts to obtain such an extension. SEPRACOR agrees to cooperate with BIAL in obtaining such extension. Should the law require SEPRACOR to apply for such an extension directly, BIAL will cooperate with SEPRACOR in obtaining such an extension and will execute such documents and take such additional actions as SEPRACOR may reasonably request in connection therewith. Should applicable law in a country within the Territory require that any such authorization be held in the name of SEPRACOR, such authorization will be held by SEPRACOR solely for the benefit of and in trust for BIAL and, upon termination or expiration of the Term of this Agreement, SEPRACOR agrees to assign such authorization to BIAL, its Affiliate or nominee and to provide any other conveyance, instruments, documents or assistance as may be necessary or desirable to establish ownership of such authorization in BIAL. Notwithstanding anything to the contrary contained herein, the Parties will, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, a BIAL Patent will be extended [**].
Authorization Relating to Patent Term Extension. ZARS hereby authorizes TALISKER to (a) provide in any application for Regulatory Approval a list of patents which includes ZARS Patent Rights that relate to such product and such other information as TALISKER believes is appropriate (b) commence suit for infringement of ZARS Patent Rights under the provisions of any applicable laws in the Territory that are equivalent to Section 271(e)(2) of Title 35 of the United States Code; and (c) exercise any rights that may be exercisable by ZARS as patent owner in the Territory, including without limitation, applying for an extension of the term of any patent included in ZARS Patent Rights in the Territory; provided that ZARS has elected not to exercise such rights itself. In the event that applicable law in any country in the Territory provides for the extension of the term of any patent included among ZARS Patent Rights, such as under the U.S. Drug Price Competition and Patent Term Restoration Act of 1984 and other similar measures in any other country within the Territory, ZARS shall apply for and use its commercially reasonable efforts to obtain such an extension or, should the law require TALISKER to so apply, ZARS hereby gives permission to TALISKER to do so. TALISKER and ZARS agree to cooperate with one another in obtaining such extension. ZARS agrees to cooperate with TALISKER, its Affiliates, or its sublicensee, as applicable, in the exercise of the authorization granted herein and will execute such documents and take such additional action as TALISKER may reasonably request in connection therewith.
Authorization Relating to Patent Term Extension. Sunesis hereby authorizes JJPRD to: (a) provide in any NDA a list of patents which includes Program Patent Rights that relate to such Product and such other information as JJPRD believes is appropriate; (b) commence suit for infringement of Program Patent Rights covering a Product under § 271(e) (2) of Title 35 of the United States Code; and (c) exercise any rights that may be exercisable by Sunesis as patent owner under the Act, including without limitation, applying for an extension of the term of any patent included in Program Patent Rights covering a Product. In the event that applicable law in any country provides for the extension of the term of any patent included among Program Patent Rights covering a Product, such as under the U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of the Member States of the European Union and other similar measures in any other country, Sunesis shall apply for and use its reasonable efforts to obtain such an extension or, should the law require JJPRD to so apply, Sunesis hereby [*] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. gives permission to JJPRD to do so. JJPRD and Sunesis agree to cooperate with one another in obtaining such extension. Sunesis agrees to cooperate with JJPRD or its Sublicensee, as applicable, in the exercise of the authorization granted herein and will execute such documents and take such additional action as JJPRD may reasonably request in connection therewith, including, if necessary, permitting itself to be joined as a party in any suit for infringement brought by JJPRD hereunder.
Authorization Relating to Patent Term Extension. ADDEX hereby authorizes OMP to (a) provide in any MAA for Collaboration Product in the Territory a list of Patents which includes ADDEX Patents that relate to the Collaboration Compound and Collaboration Product and such other information as OMP believes is appropriate; (b) commence suit for infringement of ADDEX Patents under § 271(e) (2) of Title
Authorization Relating to Patent Term Extension. ZARS hereby authorizes ENDO to (a) provide in any NDA a list of patents which includes ZARS Patent Rights that relate to such product and such other information as ENDO believes is appropriate (b) commence suit for infringement of ZARS Patent Rights under Section 271(e)(2) of Title 35 of the United States Code; and (c) exercise any rights that may be exercisable by ZARS as patent owner under the Act, including without limitation, applying for an extension of the term of any patent included in ZARS Patent Rights; provided that ZARS has elected not to exercise such rights itself In the event that applicable law in any country provides for the extension of the term of any patent included among ZARS Patent Rights, such as under the U.S. Drug Price Competition and Patent Term Restoration Act of 1984 and other similar measures in any other country within the Territory, ZARS shall apply for and use its commercially reasonable efforts to obtain such an extension or, should the law require ENDO to so apply, ZARS hereby gives permission to ENDO to do so. ENDO and ZARS agree to cooperate with one another in obtaining such extension. ZARS agrees to cooperate with ENDO or its sublicensee, as applicable, in the exercise of the authorization granted herein and will execute such documents and take such additional action as ENDO may reasonably request in connection therewith.
