Patent Expiry. On a country-by-country basis, in the event that the Exploitation of a Product is not Covered by a Valid Claim of a [***] of the GCase Directed Compound in such country, then the royalty rate set forth in Section 3.2.1 (Royalty Rate; Royalty Term) with respect to Net Sales for such Product in such country shall be reduced by [***] (e.g., the royalty rate would be reduced to [***]), effective as of the date such Product is no longer Covered by a Valid Claim of a [***] of the GCase Directed Compound, in such country.
Patent Expiry. During the Royalty Term and on a country-by-country and Product-by-Product basis, the (then applicable) royalty rate shall be reduced to [***] percent ([***] %) upon the expiration of the last-to-expire Patent that covers the composition of matter of such Product in such country.
Patent Expiry. During the Royalty Term and [***]. The [***] in order to reflect the circumstance that the license granted by BioInvent to CASI under Section 2.1 of this Agreement with respect to such Licensed Product in such Region refers substantially to BioInvent Know-How and BioInvent’s interest in Know-How within Joint Technology.
Patent Expiry. On a country-by-country basis, if there is no Valid Claim of any EOS Patent licensed to Servier under this Agreement and Covering the composition of matter of the Product or Data Exclusivity relating to the Product, then the royalty rates under Section 8.5(a) shall be reduced by fifty percent (50%).
Patent Expiry. Unless Section 3.4(a) is applicable, if in the Territory no Licensed Patent Rights with Valid claims cover a Licensed Product, then (i) Section 3.3(a)(ii) shall not apply with respect to such Licensed Product (but shall continue to apply with respect to all other Licensed Products except for any such other Licensed Products as to which this Section 3.4(b) also applies), and (ii) the royalty rate according to Section 3.3 shall be reduced for Net Sales of such Licensed Product to [**] percent ([**]%) of the royalty rate otherwise applicable under Section 3.3.
Patent Expiry. If the Primary Royalty Term for a particular Product in a Jurisdiction extends beyond the expiration of the last to expire Valid Claim of a Licensed Patent in such Jurisdiction that Covers the composition of matter or use of such Product, then the royalty rate set forth in Section 5.5(a) above shall, for all sales of such Product following such expiration in such Jurisdiction, be reduced by [ ] percent ([ ]%) for such Product in such Jurisdiction.
Patent Expiry. If there is no Valid Claim due to a Theraclone Patent or Pending Claim due to a Theraclone Patent Covering a given Licensed Product in the country of sale, the royalty rates under this Section shall be reduced by [***] of the amounts otherwise payable with respect to Net Sales of such Licensed Product in such country for the remainder of the Royalty Term in such country.
Patent Expiry. If the Royalty Term for a particular Product in a particular country extends beyond the expiration of the last to expire Valid Claim in such country Covering the use, manufacture, import, offering for sale, or sale of the Product, then the royalty rates payable pursuant to Section 10.5.2 will be reduced by [***] with respect to Net Sales of such Product in such country during the remainder of the applicable Royalty Term. The Parties acknowledge that such [***] reduction represents a reasonable proportion of the royalty fee that is based on the applicable Patent Rights and that the [***] represents a reasonable attribution of value to the applicable Know-How.
Patent Expiry. If during any Calendar Quarter of the Royalty Term for a particular Product in a country no Valid Claim of any Adagene Patent, Adagene Platform Patent, or Product Patent in such country covers such Product’s composition of matter or method of use as such Product is sold in such country, then the royalty rate provided in Section 7.5(a) shall be reduced by [***] for such Product in such country for such Calendar Quarter.
Patent Expiry. During the Royalty Term and [***]. The [***] in order to reflect the circumstance that the license granted by Cleave to CASI under Section 2.1 of this Agreement with respect to such Licensed Product in such Region refers substantially to Cleave Know-How and Cleave’s interest in Know-How within Joint Technology.
