Common use of Infringement Claims by Third Parties Clause in Contracts

Infringement Claims by Third Parties. (a) If the manufacture, use or sale of Bulk Drug Substance and/or Drug Product results in a claim against a party for patent infringement or for inducing or contributing to patent infringement ("Infringement Claim"), the party first having notice of an Infringement Claim shall promptly notify the other in writing. The notice shall set forth the facts of the Infringement Claim in reasonable detail.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Ophidian Pharmaceuticals Inc), Stock Purchase Agreement (Ophidian Pharmaceuticals Inc), Stock Purchase Agreement (Ophidian Pharmaceuticals Inc)

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Infringement Claims by Third Parties. (a) If the manufacture, use or sale of Bulk Drug Substance and/or Drug Product Research Compounds, Closely Related Derivatives or Products or the execution of the Research Plan results in a claim against a party Party for patent infringement or for inducing or contributing to patent infringement ("Infringement Claim"), the party Party first having notice of an Infringement Claim shall promptly notify the other in writing. The notice shall set forth the facts of the Infringement Claim in reasonable detail.

Appears in 2 contracts

Samples: Research Agreement (Phytera Inc), Research Agreement (Phytera Inc)

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