Blocking Patents. If [*] cannot Manufacture or Commercialize an FDC Product in the Field in the Territory without infringing Patent Rights other than Patent Rights Controlled by Forest or its Affiliate (including those [*]) and not licensed to Forest hereunder, which Patent Rights Covers such FDC Product, unless it obtains a license to such patent from a Third Party (other than [*]) (a “Forest Blocking Patent”) and pays a royalty under such license (including in connection with settlement of a patent infringement claim in accordance with Section 7.7), or (B) becomes subject to a final court or other binding order or ruling requiring the payment of a royalty to a Third Party with respect to a Forest Blocking Patent in order to Manufacture or Commercialize an FDC Product in the Field in the Territory (collectively, “Forest Third Party Patent Licenses”), [*] of any royalties paid under Forest Third [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Party Patent Licenses by Forest, its Affiliates or Sublicensees on Net Sales of such FDC Products after the applicable Royalty Commencement Date shall be fully creditable against royalties payable to Adamas hereunder with respect to such FDC Product; provided, however, that in no event shall such credit, together with any offset under Section 6.4(c)(vi), cause the royalties paid to Adamas with respect to such FDC Product for any particular Calendar Quarter to be reduced to less than [*] of the amount that would otherwise be payable to Adamas for such Calendar Quarter pursuant to Section 6.4(a) or Section 6.4(c)(ii), as applicable, provided, further, that any such royalty paid on sales of such FDC Product after the Royalty Commencement Date under Forest Third Party Patent Licenses by Forest that is not used by Forest in a particular Calendar Quarter to reduce royalties on sales of such FDC Product paid to Adamas in such Calendar Quarter may be carried over to subsequent Calendar Quarters until fully used in accordance with this Section 6.4(c)(vii).
Blocking Patents. If [*] without infringing Patent Rights other than Patent Rights [*], which Patent Rights Cover such Product unless it obtains a license to such patent from a Third Party (other than [*]) (an “[*]”) and pays a royalty under such license (including in connection with settlement of a patent infringement claim in accordance with Section 7.7), or (B) becomes subject to a final court or other binding order or ruling requiring the payment of a royalty to a Third Party with respect to [*] (collectively, “[*]”), [*] of any royalties [*] on net sales of such Product [*] under Section 6.4(d)(i)(B) shall be [*] under Sections 6.4(d)(i)(A) and (B) with respect to such Product; provided, however, that in no event shall such offset, together with any offset under Section 6.4(d)(iii), cause the amounts [*] pursuant to Section 6.4(d)(i) for any particular Calendar Quarter for any country to be reduced (A) in any case of Section 6.4(d)(i)(A), to less than [*] of the amount that would otherwise be payable [*] for such Calendar Quarter for such country pursuant to such clause or (B) in any case of Section 6.4(d)(i)(B), to less than [*] of the amount that would otherwise be payable [*] for such Calendar Quarter pursuant to such clause; provided, further, that any such royalty paid under [*] in such Calendar Quarter [*] in accordance with this Section 6.4(d)(iv).
Blocking Patents. If during the term of the Research Program:
Blocking Patents. (a) In the event a Party becomes aware of a Blocking Patent, such Party shall [***] notify the other Party giving such [***] details as such Party may be aware, and ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. the Parties shall discuss the situation in [***] and agree on a plan to address the situation, with the mutual objective of removing the risk posed by such Blocking Patent so that the Parties may continue performance under this Agreement, including if appropriate and agreed by the Parties, by licensing and/or challenging such Blocking Patent. In the event the Parties agree on a plan to address such Blocking Patent, the Parties shall designate a lead Party to use Reasonable Commercial Efforts to perform such plan. It is understood that the costs of any license obtained with respect to a Blocking Patent (to the extent allocable to the manufacture, use or sale of Patches hereunder) will be shared by the Parties in proportion to their indemnification obligations for IP Claims under Section 9.2. It is understood and agreed that notices, communications and discussions under this Section 7.6 shall not be construed as [***] by either Party. In addition, all notices, communications and discussions under this Section 7.6 shall be deemed protected by the [***].
Blocking Patents. If Kos determines that it is necessary to obtain a license or other rights to one or more Blocking Patents for the research, development, manufacture or Commercialization of any Licensed Product in or for the Territory, then Kos will be solely responsible for obtaining such license. * * * under this Agreement, as described in further detail in Section 7.5.3 of this Agreement.
Blocking Patents. If Kos or an Affiliate obtains a license, or otherwise obtains rights, to Blocking Patents with respect to a Licensed Product pursuant to the terms of Section 3.4.3, * * * with respect to the development or Commercialization of such Licensed Product in such country; provided, that in no event will * * *.
Blocking Patents. 81 11.8 Survival of Certain Obligations............................ 81 11.9
Blocking Patents. To the extent that they presently or hereafter hold any rights in Blocking Patents that have not been conveyed hereunder as part of the Technology, SHOPPING PLANET and the Principals hereby grant to NETGATEWAY, a royalty-free, worldwide, non-exclusive, license under any Blocking Patents to use, copy, modify, distribute and make, have made, use, sell and otherwise transfer any product or process using, incorporating or derived from the Technology.
Blocking Patents. NIMCO and/or ALTEA and SRX agree that no Party (or any AFFILIATES or THIRD PARTIES to which any Party transfers, assigns or licenses its rights under any BLOCKING PATENTS) shall make any claim of infringement or initiate any legal action or lawsuit for infringement relating to any manufacture, use, marketing, sale or lease of any BLOCKED PRODUCTS for the life of any BLOCKING PATENTS; provided that NIMCO and ALTEA's obligations under this Section shall terminate in the event SRX's rights to practice the LICENSED PATENTS for MONITORING APPLICATIONS terminate or expire prior to the end of the TERM.
Blocking Patents. AMVAC shall undertake all commercially reasonable steps to ensure that, in its performance of this Agreement (including, without limitation, the performance of any and all AMVAC Development Work), AMVAC does not infringe any third party patent which blocks either the [*] Patent or any BASF Patent (each such third party patent, a “Blocking Patent”) and, for the avoidance of doubt, the Parties agree that BASF’s obligations under Section 8.2(i) and (ii) do not mitigate the foregoing obligation of AMVAC with respect to Blocking Patents. Accordingly, BASF’s obligations under Section 8.2(i) and (ii) shall not apply to any Costs incurred, assessed or sustained by or against any AMVAC Indemnitee as a result of alleged or actual infringement of any Blocking Patent.
