Common use of Relevant Patents Clause in Contracts

Relevant Patents. (1) At least [***] prior to the anticipated Launch of a Product in a country as indicated in the most recent Commercialization Plan (“Anticipated Launch Date”), [***] shall meet and discuss any Patent Rights [***] the applicable [***] and any Patent Rights of [***] that is a [***] of such Product in such country, in each case that may be [***] of the Product. (2) Any such Patent Rights [***], to Mylan by written notice at least [***] prior to the Anticipated Launch Date [***] of such Product shall be referred to as [***]. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. (3) Momenta may update the [***], by providing written notice of such update to Mylan, at any time that is at least [***] prior to the Anticipated Launch Date solely to [***] any other [***] or such a [***] that is a [***] of such Product in the applicable country, which raise, [***] based on the [***] of such Product; provided that such [***] or such a [***] that is a [***] of such Product in the applicable country (A) on or after [***] prior to the Anticipated Launch Date and before such [***] notice date, or (B) prior to such [***] date if such [***] occurs or only became [***] (or, if earlier, [***] or less prior to such [***] date (any such [***] added pursuant to this Section 2.4(f)(ii)(3) may also be referred to herein as, [***]).

Relevant Patents. (1) At least [***] ([***]) [***] prior to the anticipated Launch of a Product in a country as indicated in the most recent Commercialization Plan (“Anticipated Launch Date”), [***] shall meet and discuss any Patent Rights [***] of the Innovator covering the applicable [***] Reference Product and any Patent Rights of [***] a Third Party patent owner or exclusive licensee of a Biosimilar that is a [***] Competing Product of such Product in such country, in each case that may be [***] potentially infringed by the composition, manufacture, use, marketing, importation or sale of the Product. (2) Any such Patent Rights identified by Momenta, [***], to Mylan by written notice at least [***] ([***]) [***] prior to the Anticipated Launch Date [***] based on the [***] of such Product shall be referred to as [***]. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission“Identified Patent Rights”. (3) Momenta may update the [***]Identified Patent Rights, by providing written notice of such update to Mylan, at any time that is at least [***] ([***]) [***] prior to the Anticipated Launch Date solely to [***] add any other [***] Patent Rights that have issued or been licensed to the Innovator or such a [***] Third Party patent owner or exclusive licensee of a Biosimilar that is a [***] Competing Product of such Product in the applicable country, which raise, [***], a [***] based on the [***] of such Product; provided that such [***] Patent Rights issue or were licensed to the Innovator or such a [***] Third Party patent owner or exclusive licensee of a Biosimilar that is a [***] Competing Product of such Product in the applicable country (A) on or after [***] ([***]) [***] prior to the Anticipated Launch Date and before such [***] ([***]) [***] notice date, or (B) prior to such [***] date if such ([***]) [***] date if such issuance or license occurs or only became publicly known (or, if earlier, actually known to [***]) [***] (or, if earlier, [***]) [***] or less prior to such [***] date (any such [***]) [***] date (any such Identified Patent Rights added pursuant to this Section 2.4(f)(ii)(3) may also be referred to herein as, [***]“Additional Identified Patent Rights”).