BPCIA. Notwithstanding sections 10.5 (b)(1)-(3), if a Third Party (a) files a biosimilar application under the Biologics Price Competition and Innovation Act of 2009 or similar provision which requires a listing of all Patents Rights and/or Know-How in an enforcement action or (b) is infringing a Patent Right licensed hereunder, and Applicable Law requires all Patent Rights and/or Know-How to be enforced in the same action; then Parties shall cooperate in good faith in such enforcement actions.
Appears in 2 contracts
Sources: Collaboration and License Agreement (Bavarian Nordic a/S / ADR), Collaboration and License Agreement (Bavarian Nordic a/S / ADR)