PIV Certification definition

PIV Certification means any certification filed under the ANDA Act claiming that any Licensed Patents or Joint Patents are invalid or unenforceable or claiming that any Licensed Patent or Joint Patent will not be infringed by the manufacture, use, marketing, sale or importation of a product for which an application under the ANDA Act is filed.

Examples of PIV Certification in a sentence

  • Within twenty (20) days of any PIV Certification, [* * *] will provide written notice to [* * *] if it does not intend to bring an infringement action at its own expense should [* * *] decide not to bring such an infringement action, which notice, if delivered by [* * *], shall be binding on [* * *].

  • In the event that either Party has cause to believe that a Third Party may be infringing any of the Licensed Patents or Joint Patents in the Territory, it shall promptly notify the other Party in writing, identifying the alleged infringer and the alleged infringement complained of and furnishing the information upon which such determination is based, including any PIV Certification.

  • If [* * *] fails to notify [* * *] within thirty (30) days of the PIV Certification that it will prosecute such infringement, or fails to bring such an action with respect to such infringement within ten (10) days before the time limit, if any, set forth in the Applicable Law and regulations for the filing of such actions, whichever comes first, then [* * *] shall have the right, but not the obligation, through counsel of its choosing, to bring and control any such action at its own expense.

  • In the event of a PIV Certification by a Third Party, as between the Parties, [* * *] shall have the first right, but not the obligation, through counsel of its choosing, to bring and control any action with respect to infringement of the Licensed Patents or Joint Patents by such Third Party in the Territory at its own expense, including the right to control any defense or counterclaim relating to the validity or enforceability of the asserted Patents.

  • Notwithstanding the foregoing, either Party shall, within [* * *] Business Days, provide written notice to the other Party of receipt of any notice of a PIV Certification (together with a copy of such PIV Certification).

Related to PIV Certification