Patent Costs definition
Examples of Patent Costs in a sentence
Subject to ARTICLE 13 (Indemnity), each Party’s activities under this Section 10.5 (Defense of Claims of Infringement by Third Parties) shall be at its sole cost and expense except (i) that costs and expenses in connection with activities for the Profit Share Territory shall be Patent Costs and (ii) that Company shall have the right to deduct costs and expenses in connection with activities for the Royalty Territory pursuant to Section 9.3.3(iv) (Third Party Payments).
Upon Company’s request and at Company’s sole cost and expense (except to the extent such costs or expenses are Patent Costs included in Net Profits or Net Losses in the Profit Share Territory), Vir Bio shall assist in seeking an injunction against any commercial marketing by the filer of a Biosimilar Application in the Territory as permitted pursuant to Section 351(l)(8)(B) of the PHSA or in filing an action for infringement against the filer of such Biosimilar Application.
Vir Bio shall, or shall cause its Affiliates to, upon Company’s request and at Company’s cost, subject in the case of the Profit Share Territory to the sharing of Patent Costs, (i) provide to Company all Know-How and other information that are reasonably necessary to enable Company to make such filing with Regulatory Authorities or other Governmental Authorities in the Territory and (ii) reasonably cooperate with Company in connection therewith, including meeting any submission deadlines.