Examples of Incyte Product in a sentence
If Pfizer fails to initiate such litigation within thirty (30) days of its receipt of the applicable Paragraph IV Notice, then Incyte shall have the right, but no obligation, to initiate such litigation, at Incyte’s expense, but only if such litigation (x) involves an Incyte Compound or Incyte Product and (y) does not involve a Pfizer Product or a Compound that Pfizer has selected for development.
Each of the Parties shall promptly notify the other in the event of any potential infringement by any Third Party of an Incyte Product Patent Right, Incyte Program Patent Right, Incyte Patent Right, Program Patent Right, Pfizer Patent Right, Pfizer Process Patent Claim or Pfizer Use Patent Claim of which it becomes aware.
Incyte shall be responsible for the manufacture of all preclinical and clinical materials for each Incyte Product, for the commercial supply of each Incyte Product and for all costs associated therewith.
Incyte shall have the only right, but no obligation, to defend against any such action involving an Incyte Product Patent Right or Incyte Program Patent Right.
Incyte shall have the only right, but no obligation, to initiate patent infringement litigation based on a Paragraph IV Notice concerning an Incyte Product Patent Right or Incyte Program Patent Right.
Incyte shall have reasonable access to all material documentation, filings and substantive communications to or from the respective patent offices and Pfizer shall use reasonable efforts to keep Incyte advised in a timely manner as to the status of all pending applications to the extent pertaining to any Compound, Incyte Compound, Pfizer Product or Incyte Product.
Except as permitted by Sections 10.2, 10.3, 10.4 or 10.5 below, Incyte and its Affiliates agree not to disclose (A) any Incyte Technology that is Incyte Confidential Information and that does not relate solely to (I) an Incyte Compound or Incyte Product or (II) *** or that are needed to permit an external contractor to ***, or (B) any Pfizer Confidential Information, to any Third Parties under any circumstance without the prior consent of Pfizer.
In addition, Incyte shall have the first right, but not the obligation, to seek a Patent Term Extension for an Incyte Product under (i) Incyte Product Patent Rights or Incyte Program Patent Rights and (ii) Incyte Patent Rights that solely cover an Incyte Compound or Incyte Product.
Each of the Parties shall promptly notify the other in the event of any claims by a Third Party of alleged patent infringement by Pfizer or Incyte or any of their respective Affiliates with respect to the manufacture, use, sale, offer for sale or importation of a Compound, Pfizer Product, Animal Product, Incyte Compound or Incyte Product.
The development of each Incyte Product shall be governed by a development plan that describes the proposed overall program of development.