Substantial Competition definition
Substantial Competition means market penetration in a country with respect to a Product by one or more Third Parties with a product [ * ].
Substantial Competition means that a competitor to Lundbeck or a Lundbeck Affiliate or a Lundbeck sub-licensee in a given country, introduces and markets an identical product to or one which produces the same clinical effects using the same molecule as does a Licensed Product and such competitor obtains more than twenty percent (20%) of the total CPI-1189 market share including the total Combination Product market share, as applicable, (calculated by Marketing Year) in that country based upon sales revenues denominated in the currency of that country.
Substantial Competition means that one or more third parties other than Santen, its **=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.
Examples of Substantial Competition in a sentence
If a Product is not Covered by a Valid Claim of a Patent and there is Substantial Competition in a country with respect to such Product in a calendar year, each Royalty Rate, including each Minimum Royalty Rate, shall be reduced for Net Sales in such country by [ * ].
Unimed shall pay Syntex a royalty of XXXXX percent (XXXXX%) of Net Sales of Product sold in the Territory by the Unimed Group from the date on which the Substantial Competition ceased.
If Unimed agrees with Syntex's determination, Unimed shall pay Syntex a royalty of XXXXX percent (XXXXX%) of Net Sales of Product sold in the Territory by the Unimed Group from the date on which the Substantial Competition ceased.
On a country by country basis, ------------------------------------------ while the Basic Royalty is being paid, there will be a rebate if in a given country Substantial Competition exists, which rebate will be [*] of the smoothed royalty rate (SRR).
Each party shall notify the other party promptly in writing of any ------ infringement of Licensed Patents in the Territory or of equivalent patents for CPI-1189 outside the Territory which becomes known to such party, and Lundbeck and Centaur shall always use their best reasonable efforts to avoid Substantial Competition.
More Definitions of Substantial Competition
Substantial Competition means that a Third Party is selling a competing bulking agent product in the Licensed Field that has a material adverse effect on QMS’ sales of such Licensed Product. QMS shall notify Q-Med in writing within ten (10) days after QMS becomes aware of any Substantial Competition.
Substantial Competition means that sales by dollars or units of a competing product by a third party that is not an Affiliate exceed [*] of the corresponding sales of Licensed Products; and "competing product" means a product or service that comprises an [*] Vector and is directed against the same indications as a Licensed Product.
Substantial Competition means market penetration in the Territory by one or more third parties who are not members of the Unimed Group which market penetration, with respect to the Product, cumulatively amounts to more than thirty three and one third percent (33 1/3 %) market share of such Product determined on a gram basis of Active Ingredient in the Territory during a calendar year.
Substantial Competition means a total sales volume of such THIRD PARTIES combined, in the particular country of the TERRITORY, of at least [***********] of NET SALES volume of such PRODUCT in such country, and "continuing" shall mean a period of at least [**************]. SB shall give MPI written notice of such substantial competition with suitable and reasonable supporting documentation, including, for example, but not limited to, copies of market survey reports, THIRD PARTY bid activities, competitive promotional materials, and internal financial statements. Any reduction in the payment due from SB as a result of such THIRD PARTY competition shall be applied retroactively to the date on which substantial competition appeared in the TERRITORY as supported by reasonable documentation and shall be available to SB only for the period such competition remains substantial (as defined in this Paragraph).
Substantial Competition as used herein, exists when the combined volume sales in a particular country of the TERRITORY of all THIRD PARTY assays for detecting human hereditary hemochromatosis equals at least (* * *) of SBCL's or its AFFILIATES or sublicensees volume market share of ASSAYS in such country (compared to actual volume sales from the previous calendar year). A determination of the existence of Substantial Competition in a country during any calendar year shall be applied retroactively to the royalty payments due for each use of an ASSAY in such country during such calendar year in accordance with Section 4.2(c). Substantial Competition will be evaluated by SBCL on an annual basis. The phrase "in each human sample analysis conducted either by SBCL, its AFFILIATES or a sublicensee of SBCL from which SBCL derives revenue" as used in this Section 3.5 and in Section 3.6 shall not include (* * *). Further, the phrase "from which SBCL derives revenue" as used in this Section 3.5 and in Section 3.6 shall (* * *). If SBCL decides, using its reasonable business judgment, that the consideration under this Section 3.5 is no longer commercially reasonable, SBCL will notify PROGENITOR in writing, and the parties shall meet and renegotiate SBCL's payment obligations under this AGREEMENT in good faith.
Substantial Competition as used in this Section 3.5 shall mean unit sales of the third party product which totals XXXXXXXXXX of the unit sales of Licensed Product in such country over any three (3) month period. Such substantial competition shall be measured by comparing Novartis' unit sales and those of the third party, as reported by IMS America or another reputable, independent market research firm acceptable to both Parties.
Substantial Competition means market penetration in a country with respect to a Product by one or more third parties with a product with the same active ingredient, which market penetration, with respect to such Product, cumulatively amounts to more than [*] market share of all products containing the same active ingredient determined on a per unit basis in such country during a calendar year. *=CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. SUCCESS CRITERIA means that Tularik identifies at least one Designated Screening Compound as set forth in Section 2.8 or elects to participate in the Pre-Clinical Development of at least one Designated Shared Compound as set forth in Section 4A.2, on each of at least two (2) Targets included in the Proof of Concept Stage, and each such Designated Compound must show activity such that Tularik initiates (in the case of a Designated Screening Compound) or the parties (in the case of a Designated Shared Compound) initiate a Medicinal Chemistry Effort with respect to such Designated Compound. TARGET means a specific protein target(s) selected or proposed by Tularik, as applicable, for which NeoGenesis will perform the Screening Program. A Target may be either a Screening Target or a Shared Target. An Excluded Target is not a Target for purposes of this Agreement until such time, if any, as it becomes a Screening Target or a Shared Target.