Common use of Supplements to Proposed Patent List Clause in Contracts

Supplements to Proposed Patent List. CytomX shall provide ImmunoGen with a copy of any U.S. patent within the Licensed Patent Rights that is issued after ImmunoGen has provided the Proposed Patent List to the Applicant within [***] day after such issuance. As soon as practicable following the date of receipt by ImmunoGen of any such patent, CytomX and ImmunoGen shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. ImmunoGen shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] days after the issuance of such patent if ImmunoGen reasonably believes that a claim of patent infringement for such patent could be asserted by either CytomX or ImmunoGen or if CytomX, absent manifest error, requests that ImmunoGen supplement the Proposed Patent List to include such patent provided, however, that CytomX shall indemnify ImmunoGen in accordance with Section 9.2 hereof to the extent any supplement submissions requested by CytomX are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. CytomX ImmunoGen shall provide ImmunoGen CytomX with a copy of any U.S. patent within the Licensed Patent Rights that is issued after ImmunoGen CytomX has provided the Proposed Patent List to the Applicant within [***] day after such issuance. As soon as practicable following the date of receipt by ImmunoGen CytomX of any such patent, ImmunoGen and CytomX and ImmunoGen shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. ImmunoGen CytomX shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] days after the issuance of such patent if ImmunoGen CytomX reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX or ImmunoGen or if CytomXImmunoGen, absent manifest error, requests that ImmunoGen CytomX supplement the Proposed Patent List to include such patent provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any supplement submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. CytomX ImmunoGen shall provide ImmunoGen Lilly with a copy of any U.S. patent within the Licensed Patent Rights that is issued after ImmunoGen Lilly has provided the Proposed Patent List to the Applicant within [***] day after such issuance. As soon as practicable following the date of receipt by ImmunoGen Lilly of any such patent, CytomX ImmunoGen and ImmunoGen Lilly shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. ImmunoGen Lilly shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] days after the issuance of such patent if ImmunoGen Lilly reasonably believes that a claim of patent infringement for such patent could be asserted by either CytomX or ImmunoGen or Lilly or if CytomXImmunoGen, absent manifest error, requests that ImmunoGen Lilly supplement the Proposed Patent List to include such patent provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen Lilly in accordance with Section 9.2 10.1(b) hereof to the extent any supplement submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. CytomX shall provide ImmunoGen with a copy of any U.S. patent within the Licensed Patent Rights that is issued after ImmunoGen has provided the Proposed Patent List to the Applicant within [***] ten (10) day after such issuance. As soon as practicable following the date of receipt by ImmunoGen of any such patent, CytomX and ImmunoGen shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. ImmunoGen shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] thirty (30) days after the issuance of such patent if ImmunoGen reasonably believes that a claim of patent infringement for such patent could be asserted by either CytomX or ImmunoGen or if CytomX, absent manifest error, requests that ImmunoGen supplement the Proposed Patent List to include such patent provided, however, that CytomX shall indemnify ImmunoGen in accordance with Section 9.2 hereof to the extent any supplement submissions requested by CytomX are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. CytomX ImmunoGen shall provide ImmunoGen CytomX with a copy of any U.S. patent within the Licensed Patent Rights that is issued after ImmunoGen CytomX has provided the Proposed Patent List to the Applicant within [***] ten (10) day after such issuance. As soon as practicable following the date of receipt by ImmunoGen CytomX of any such patent, ImmunoGen and CytomX and ImmunoGen shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. ImmunoGen CytomX shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than thirty (30) days [***] days Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. after the issuance of such patent if ImmunoGen CytomX reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX or ImmunoGen or if CytomXImmunoGen, absent manifest error, requests that ImmunoGen CytomX supplement the Proposed Patent List to include such patent provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any supplement submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Supplements to Proposed Patent List. CytomX ImmunoGen shall provide ImmunoGen CytomX with a copy of any U.S. patent within the Licensed Patent Rights that is issued after ImmunoGen CytomX has provided the Proposed Patent List to the Applicant within [***] ten (10) day after such issuance. As soon as practicable following the date of receipt by ImmunoGen CytomX of any such patent, ImmunoGen and CytomX and ImmunoGen shall discuss in good faith whether such patent would be infringed by the manufacture and/or sale of the Proposed Biosimilar Product. ImmunoGen CytomX shall provide the Applicant with a supplement to the Proposed Patent List to include such patent not later than [***] thirty (30) days after the issuance of such patent if ImmunoGen CytomX reasonably believes that a claim of patent infringement for such patent could be asserted by either ImmunoGen or CytomX or ImmunoGen or if CytomXImmunoGen, absent manifest error, requests that ImmunoGen CytomX supplement the Proposed Patent List to include such patent provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any supplement submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.