Credit Due to Illumina Enforcing Pooled Patents. To the extent an Illumina Party is suing in good faith any Person (other than an Existing Illumina Litigant) for patent infringement under any Pooled Patent, and is diligently prosecuting such suit: (A) […***…] shall be used to calculate the annual amount of Test Fees that would have been collected by such Illumina Party, […***…] Sequenom as if such sales were made by such Illumina Party, in each case if those sales had been licensed under the Pooled Patents and amounts had been paid in accordance with this Agreement; (B) the applicable amounts that would have been paid hereunder to Sequenom, […***…], shall be calculated; and (C) […***…] of the applicable amounts calculated under clause (B) above shall be credited against the minimum amounts set forth in Section 3.5(a) for such year, subject to Section 3.4(c)(ii).
Appears in 4 contracts
Samples: Pooled Patents Agreement (Sequenom Inc), Pooled Patents Agreement (Illumina Inc), Pooled Patents Agreement (Sequenom Inc)
Credit Due to Illumina Enforcing Pooled Patents. To the extent an Illumina Party is suing in good faith any Person (other than an Existing Illumina Litigant) for patent infringement under any Pooled Patent, and is diligently prosecuting such suit:
(A) […***…] shall be used to calculate the annual amount of Test Fees that would have been collected by such Illumina Party, […***…] Sequenom as if such sales were made by such Illumina Party, in each case if those sales had been licensed under the Pooled Patents and amounts had been paid in accordance with this Agreement;
(B) the applicable amounts that would have been paid hereunder to Sequenom, […***…], shall be calculated; and
(C) […***…] of the applicable amounts calculated under clause (B) above shall be credited against the minimum amounts set forth in Section 3.5(a) for such year, subject to Section 3.4(c)(ii).
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