Examples of PHSA in a sentence
Gilead shall have the first right to bring an action for Infringement of the [***], including as required under Section 351(l)(6) of the PHSA following the agreement on a list of patents for litigation under Section 351(l)(4) or exchange of Patent lists pursuant to Section 351(l)(5)(B) of such act, or as required following any equivalent or similar certification or notice in any other jurisdiction.
In the event the Infringement involves such Third Party’s application under Subsection (k) of Section 351 of the PHSA, the Parties will act in accordance with Section 8.5. Notwithstanding the foregoing, nothing in this Section 8.4(a) will require Xxxxxxxx or Ono to violate any agreements with or confidentiality obligations owed to any Third Party.
Either Party shall, within [***], notify and provide the other Party with copies of any notice of commercial marketing provided by the filer of a Biosimilar Application pursuant to Section 351(l)(8)(A) of the PHSA, or any equivalent or similar certification or notice in any other jurisdiction.
Thereafter, Gilead shall have the first right to seek an injunction or other remedies against such commercial marketing as permitted pursuant to Section 351(l)(8)(B) of the PHSA.
In the event that either Xxxxxxxx or Xxx becomes aware that a Third Party is, or may be, infringing any Product Patent Rights, including submission by any Third Party of an application under Subsection (k) of Section 351 of the PHSA, with respect to a product the manufacture, use, offer for sale, sale or import of which infringes any Product Patent Rights (an “Infringement”), that Party will promptly notify the other Party in writing to that effect (each, an “Infringement Notice”).