Common use of Notification of Patent Certification Clause in Contracts

Notification of Patent Certification. Elixir shall notify and provide BMS with copies of any allegations of alleged patent invalidity, unenforceability or non-infringement of a BMS Patent Right pursuant to a Paragraph IV Patent Certification by a Third Party filing an Abbreviated New Drug Application, an application under §505(b)(2) or other similar patent certification by a Third Party, and any foreign equivalent thereof. Such notification and copies shall be provided to BMS within two (2) days after Elixir receives such certification, and shall be sent to the address set forth in Section 10.5. In addition, upon request by BMS, Elixir shall provide reasonable assistance and cooperation (including, without limitation, making available to BMS documents possessed by Elixir that are reasonably required by BMS and making available personnel for interviews and testimony) in any actions reasonably undertaken by BMS in accordance with Section 10.4 to contest any such patent certification.