Patent Royalty. GSK’s royalty payment obligation shall expire, on a Licensed Product-by-Licensed Product and country-by-country basis, on the later of: (a) the tenth (10th) anniversary of the First Commercial Sale of such Licensed Product in such country; or (b) the expiration of the last-to-expire Valid Claim of any FivePrime Collaboration Patents or Joint Patents that Cover such Licensed Product in such country (the “Royalty Term”), provided that in countries where all Valid Claims Covering a Licensed Product have expired prior to the tenth (10th) anniversary of the First Commercial Sale of Licensed Product in such country, the royalty rates set forth in Section 6.4.1 for such Licensed Product for such country shall be reduced by *** percent (***%) for the remainder of the Royalty Term, after which GSK shall have no further obligation to pay any royalties for Net Sales of Licensed Product accruing in a particular country.
Patent Royalty. COMPANY shall pay to NEKTAR AL a PATENT ROYALTY under this Section 6.2 on aggregate NET SALES of SELECTED PRODUCT in each country where the manufacture, use or sale of SELECTED PRODUCT is covered by a VALID PATENT CLAIM.
Patent Royalty. Licensee will pay Company a royalty of one-half percent (0.5%) of any Net Product Sales from the Sale, use, or other exploitation of any Patented Products (“Patent Royalty(ies)”).
Patent Royalty. As further consideration for the acquisition of license rights under the Theravance Patents under this Amendment, and in those Countries of the Territory in which there is a Valid Claim of a Theravance Patent covering the Supplemental MABA Alliance Product in the Country of sale at the time such Net Sales occur (for the avoidance of doubt, “covering” as used in this Section and subsequent Sections shall include the making, using, selling, offering for sale, or importing the Supplemental MABA Alliance Product), GSK shall pay Theravance, within [***] after the end of each Calendar Quarter, royalty payments for each such Supplemental MABA Alliance Product based on Net Sales in such Calendar Quarter on a Country by Country basis, as follows: [***] [***] [***] [***] [***] [***]
Patent Royalty. In addition to the Know-How Royalties payable to Licensor pursuant to Section 3.2.1, with respect to each Licensed Product, the manufacture, use, sale, offer for sale or importation of which is covered by a Valid Claim in the country where such Licensed Product is manufactured or sold, RevitaLid will pay to Licensor quarterly patent royalties (the “Patent Royalties”) of the following percentages of Net Sales: Patent Royalty Percentage of Net Sales - US Sales [***] - Ex-US Sales [***] Patent Royalties shall be payable on a country-by-country basis, and will not be reduced for royalties or other payments owed by RevitaLid under other third-party licenses or otherwise. If a Valid Claim issues in a country before the first commercial sale in such country of a Licensed Product covered by such Valid Claim, the Patent Royalties will be paid from and after the first commercial sale of such Licensed Product in such country. If the first commercial sale of a Licensed Product in a country occurs prior to the issuance of a Valid Claim covering such Licensed Product in such country, the Patent Royalties will be paid from and after the issuance of such Valid Claim in such country.
Patent Royalty. GSK shall pay to Dynavax incremental royalties on Annual Net Sales of GSK Products, on a country-by-country and GSK Product-by-GSK Product basis, in those countries of the Territory in which [ * ] of such GSK Product is covered by a Valid Claim of a Patent within the Exclusively Licensed IP as of the First Commercial Sale of such GSK Product, or the GSK Product [ * ] (the “Patent Royalty”) at royalty rates as set forth in the table below, except that [ * ] GSK exercised the Option with respect to the applicable Dynavax Program, the royalty rates shall be [ * ] from the rates that are otherwise applicable below. The penultimate sentence of Section 6.4.2(a) shall apply upon the issuance of a Valid Claim of a Patent within the Exclusively Licensed IP that covers [ * ] of a GSK Product, subject to the terms of this Section 6.4. The applicable royalty rates for a particular GSK Product shall depend on whether the GSK Product contains a Compound (a) [ * ], (b) [ * ] and GSK exercised the Option [ * ], or (c) from another Program and GSK exercised the Option after the [ * ]. Royalty Rate Annual Net Sales [ * ] [ * ] – [ * ] [ * ] – [ * ] First [ * ] [ * ] [ * ] [ * ] Portion above [ * ] and up to and including [ * ] [ * ] [ * ] [ * ] Portion above [ * ] [ * ] [ * ] [ * ] The royalty rates above are incremental rates that apply only for the respective increment of worldwide Annual Net Sales described in the Annual Net Sales column and, thus, once a total Annual Net Sales figure is achieved for the year, the royalties owed on any lower tier portion of Annual Net Sales are not adjusted up to the higher tier rate. The Patent Royalty as provided in this Section 6.4.1. shall be adjusted as provided in Section 6.4.2. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Patent Royalty. Subject to Section 5.5.2 below and the other terms and conditions of this Agreement, Merck shall pay to Sunesis a royalty on annual Net Sales by Merck, its Affiliates and their Sublicensees of Products, on a Product-by-Product basis, equal to the percentage of such Net Sales set forth below, provided the sale of the Product would, but for the license hereunder, infringe a Valid Patent Claim in the country of sale (“Patent Royalty”): Annual Net Sales (U.S. Dollars) Patent Royalty on Net Sales Portion of annual Net Sales of such Product up to $[*]: [*]% Portion of annual Net Sales of such Product between $[*] and $[*]: [*]% Portion of annual Net Sales of such Product over $[*]: [*]% For purposes of the foregoing, “annual Net Sales” shall mean, for a particular Product, the worldwide Net Sales of such Product for the particular Calendar Year. In addition, it is understood that all formulations and dosage forms of the same active ingredient(s) shall be deemed the same “Product,” but Products with different active ingredients shall be deemed different Products. No royalties shall be due upon the sale or other transfer among Merck, its Affiliates or Sublicensees, but in such cases the royalty shall be due and calculated upon Merck’s or its Affiliate’s or its Sublicensee’s Net Sales to the first Third Party.
Patent Royalty. In consideration of the rights granted in Section 2.3, Licensee will pay *** for each Patent Licensed Unit leased, sold, licensed, distributed or otherwise transferred or deployed for commercial use by Licensee. The foregoing royalties are payable until ***. For clarification, to the extent that a particular unit is both a Technology Licensed Unit and a Patent Licensed Unit, both Royalties will be due for such unit.
Patent Royalty. 5% of the cost incurred or paid by Sellers for the Jackshaft/Crank shown in Schedule A, Xxxx of Materials, accruing from execution of the Asset Purchase Agreement for a period of two (2) years.
Patent Royalty. At the end of each calendar quarter and payable within thirty (30) days of the end of that calendar quarter (by telegraphic transfer, check or other means specified by the Licensor), the Licensee will pay the Patent Royalty equal to 5% of net sales realized by the Licensee during that calendar quarter.
