Common use of Patent Paragraph IV Certification Clause in Contracts

Patent Paragraph IV Certification. The Parties recognize and agree that the [*] and [*]Product ANDAs are intended to be filed certifying (a “Paragraph IV Certification”) that they are not infringing on patents filed by the Innovators in the Orange Book or that such Orange Book patents are invalid pursuant to 21 CFR. In the event that Xxxx and/or Corium is involved in litigation in the United States regarding the validity and enforceability of any patents for the Product, Xxxx shall direct and control, and shall make commercially reasonable efforts to conduct to a successful conclusion, the litigation including, but not limited to, any settlement of all or part of such litigation.

Appears in 4 contracts

Samples: And Commercialization Agreement, And Commercialization Agreement (Corium International, Inc.), And Commercialization Agreement (Corium International, Inc.)

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Patent Paragraph IV Certification. The Parties recognize and agree that the [*] and [*]Product ANDAs are ANDA is intended to be filed certifying (a “Paragraph IV Certification”) that they are not infringing on patents filed by the Innovators [*] in the Orange Book or that such Orange Book patents are invalid or unenforceable pursuant to 21 CFR. In the event that Xxxx and/or Corium is involved in litigation in the United States regarding the validity and enforceability of any patents for the Product, Xxxx shall direct and control, and shall make commercially reasonable efforts to conduct to a successful conclusionconclusion of, the litigation including, but not limited to, any settlement of all or part of such litigation.

Appears in 4 contracts

Samples: And Commercialization Agreement, And Commercialization Agreement (Corium International, Inc.), And Commercialization Agreement (Corium International, Inc.)

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