Examples of LdT Product in a sentence
In the event that Idenix or its Affiliates receives a patent certification notice in accordance with 21 U.S.C. §§ 355(b)(2)(A)(iv) or (j)(2)(A)(vii)(IV), as amended (a “Paragraph IV Notice”), relating to the LdT Product Patent Rights, Idenix, its Affiliates and co-owners of LdT Product Patent Rights shall provide a copy of such Paragraph IV Notice to Novartis promptly and in any event within [**] Business Days after receipt.
The provisions of this Section 4(d) shall be subject to the provisions of Section 11.5 of the DLCA, which shall govern as to both costs and procedures in the event of infringement actions relating to an LdT Product brought by a Third Party against Novartis and/or Idenix in which the Third Party claim[s], if true, would constitute a breach of representation, warranty or obligation covered by Section 11.5 of the DLCA.
If either Party or its Affiliates shall learn that any Third Party is violating the LdT Product Patent Rights, then the Party (or its Affiliate) becoming so informed shall promptly notify the other Party in writing of this claim or assertion and shall provide such other Party with all available evidence supporting such known or suspected infringement or unauthorized use.
If a Third Party at any time asserts a claim that any LdT Product Patent Right is invalid or otherwise unenforceable (an “Invalidity Claim”), whether as a defense in an infringement action brought by [a] Party[ies] pursuant to Section 4(c) of this Exhibit D, in an action brought against [a] Party[ies] under Section 4(d) of this Exhibit D or otherwise, the Party becoming aware of such assertion shall promptly notify the other Party in writing of such claim.
If either Party or its Affiliates shall learn of a claim or assertion that Development, Manufacture, use, marketing, promotion, importation, exportation, offer for sale, sale or distribution of any LdT Product infringes or otherwise violates the intellectual property rights of any Third Party (a “Claimed Infringement”), then the Party (or its Affiliate) becoming so informed shall promptly notify the other Party of the Claimed Infringement in writing.
Novartis shall comply with the patent marking statutes in each country in which an LdT Product is made, offered for sale, sold or imported by Novartis, its Affiliates, licensees and/or sublicensees.
Novartis, in its discretion, may bring an action to protect the LdT Product Patent Rights from infringement, and may bring such action in Idenix’s name, if necessary.
Each Party shall provide to the other Party copies of any notices it receives from Third Parties regarding any patent nullity actions or any declaratory judgment actions with respect to LdT Product Patent Rights.
The Parties desire to provide for the efficient transition of the full control of the Development, Commercialization and Manufacture of the LdT Product and related matters to Novartis.
The provisions of this Section 10.4 shall be subject to the provisions of Section 11.5, which shall govern as to both costs and procedures in the event of infringement actions relating to the LdT Product brought by a Third Party against Novartis and/or Idenix in which the Third Party claim[s], if true, would constitute a breach of representation, warranty or obligation covered by Section 11.5.