Examples of PDL Target Patent Rights in a sentence
The Parties agree to use reasonable efforts to ensure that any Patent Right within the PDL Target Patent Rights, Biogen Idec Target Patent Rights or Joint Patent Rights that is filed outside of the United States prior to a United States filing will be in a form sufficient to establish the date of original filing as a priority date for the purposes of a subsequent United States filing.
Subject to the further provisions of this subsection (b), decisions regarding the enforcement of PDL Target Patent Rights in an action against an infringement by a Third Party of claims licensed to Biogen Idec under Section 11.1, including the defense of a declaratory judgment action with respect to such potential infringement (each, an “Enforcement Action”) shall be made by PDL.
PDL shall keep the JPC advised of all communications, actual and prospective filings or submissions regarding such PDL Target Patent Rights, and shall provide the JPC an opportunity to review and comment on any such communications, filing and submissions.
PDL shall have the first right to implement at its sole expense any Enforcement Actions relating to the PDL Target Patent Rights.
PDL shall not settle or consent to an adverse judgment in any action or proceeding to enforce such PDL Target Patent Rights that admits the invalidity or unenforceability of such PDL Target Patent Rights unless approved by the Joint Steering Committee (which approval shall not be unreasonably withheld).
If either Party learns of any substantial and continuing infringement of PDL Target Patent Rights, Biogen Idec Target Patent Rights or Joint Patent Rights by a Third Party making, using, offering for sale, selling or importing a product in or outside of the applicable Field, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.
PDL shall keep the JPC informed of the progress of any action or proceeding to enforce the PDL Target Patent Rights.
PDL shall be responsible to implement the decisions of the JPC regarding patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable to PDL Target Patent Rights or Queen Patents that contain claims that specifically relate to a Collaboration Target or a Collaboration Product, in each case to the extent claiming a Collaboration Product.
Patent Rights shall not include Joint Patents but shall include the Queen Patents and PDL Target Patent Rights.