BMRN » Topics » 18. INFRINGEMENT, ENFORCEMENT, AND DEFENSE

This excerpt taken from the BMRN 8-K filed Jul 6, 2005.

18. INFRINGEMENT, ENFORCEMENT, AND DEFENSE

 

18.1 Notification of Infringement. Whenever either Party becomes aware of the possible infringement of the DSP Patents by a third party, such Party shall promptly notify the other Party of any such infringement and shall provide such other Party with any available evidence of such infringement.

 

18.2 Protection Act of DSP from Infringement. DSP shall have the first right, but not the obligation, to bring any suit or action for infringement of the DSP Patents. Any infringement action brought by DSP shall be solely at DSP’s expense, and BioMarin or its sub-licensee(s) shall provide reasonable assistance at DSP’s expense in the prosecution of such suit or action. DSP shall not settle such action in any manner that includes the grant of a sublicense or otherwise affects BioMarin’s rights in the DSP Patents, without the prior written consent of BioMarin, which consent may be granted or withheld in BioMarin’s sole and absolute discretion.

 

18.3 Protection Act of BioMarin from Infringement. In the event that DSP fails to or elects not to commence an infringement suit or action as set forth in Section 18.2 (Protection Act of DSP from Infringement) hereof within sixty (60) days, or begin settlement negotiations with the alleged infringer within sixty (60) days, after: (a) receiving notification as set forth in Section 18.1 (Notification of Infringement) from BioMarin of any such infringement; or (b) sending notice to BioMarin of such action, as applicable, BioMarin shall have the right, but not the obligation, to bring an appropriate suit or action against the third party infringer within the relevant jurisdiction at BioMarin’s expense. It is expressly understood that BioMarin shall not have the right to enforce the DSP Patents beyond the scope of its exclusive license hereunder. If requested, DSP shall provide reasonable assistance in the prosecution of such suit or action at BioMarin’s expense. BioMarin shall not settle such action in any manner that conflicts with DSP’s rights in the DSP Patents without the prior written consent of DSP, which consent may be granted or withheld in DSP’s sole and absolute discretion.

 

This excerpt taken from the BMRN 10-K filed Mar 16, 2005.

ARTICLE 19. INFRINGEMENT, ENFORCEMENT, AND DEFENSE

 

19.1 Notification of Infringement. Whenever either Party becomes aware of the possible infringement of the Drug Product Patent or the Drug Substance Patent, by a third party, such Party shall promptly notify the other Party of any such infringement and shall provide such other Party with any available evidence of such infringement.

 

19.2 Protection Act of DSP from Infringement. DSP shall have the first right, but not the obligation, to bring any suit or action for infringement of the Drug Product Patent or the Drug Substance Patent. Any infringement action brought by DSP shall be solely at DSP’s expense, and BIOMARIN or its sublicensee(s) shall provide reasonable assistance at DSP’s expense in the prosecution of such suit or action. DSP shall not settle such action in any manner that includes the grant of a sublicense or otherwise affects BIOMARIN’s rights in the Drug Product Patent or the Dug Substance Patent, if applicable, without the prior written consent of BIOMARIN, which consent may be granted or withheld in BIOMARIN’s sole and absolute discretion.

 

19.3 Protection Act of BIOMARIN from Infringement. In the event that DSP fails to or elects not to commence an infringement suit or action as set forth in Section 19.2 within sixty (60) days, or begin settlement negotiations with the alleged infringer within sixty (60) days, after: (a) receiving notification set forth in Section 19.1 (Notification of Infringement) from BIOMARIN of any such infringement; or (b) sending notice to BIOMARIN of such action, as applicable, BIOMARIN shall have the right, but not the obligation, to bring an appropriate suit or action against the Third Party infringer within the relevant jurisdiction at BIOMARIN’s expense. It is expressly understood that BIOMARIN shall not have the right to enforce the Drug Product Patent or the Dug Substance Patent, if applicable, beyond the scope of its exclusive license hereunder. If requested, DSP shall provide reasonable assistance in the prosecution of such suit or action at BIOMARIN’s expense. BIOMARIN shall not settle such action in any manner that conflicts with DSP’s rights in the Drug Product Patent and the Drug Substance Patent without the prior written consent of DSP, which consent may be granted or withheld in DSP’s sole and absolute discretion.

 

EXCERPTS ON THIS PAGE:

8-K
Jul 6, 2005
10-K
Mar 16, 2005

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