Credits Against Future Royalties. If the validity of a Valid Claim of an issued patent is the subject of administrative action or legal action by a non-governmental Third Party in a country and as a result of such action is later revoked or held unenforceable or invalid by a decision of a court or governmental agency of competent jurisdiction or and as a result of such action is disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise in such country, and such Valid Claim was the sole basis for the payment of royalties by the Commercializing Party for a Licensed Product(s) pursuant to Section 4.3 for the country in question, then the Commercializing Party shall be entitled to credit the amount of royalties paid to the other Party under Section 4.3 for such Licensed Product(s), from the date the Valid Claim became the subject of such action to the date of the final unappealable decision (but excluding any period during which such Third Party is enjoined from engaging in activities that would infringe such Valid Claim or during which approval of such Third Party’s NDA (or abbreviated new drug application) is stayed by the applicable Regulatory Authority following the institution by such Third Party of such action through a paragraph IV certification under 21 CFR Part 314 asserting that such Valid Claim is invalid, unenforceable or that no infringement will arise from the manufacture, use or sale of such Third Party’s product, or through an equivalent law or regulation (an “Enjoined Period”)), against any future royalties or payments to be made to the other Party with respect to the Commercialization of the Licensed Product in question (excluding reimbursement amounts pursuant to Sections 3.1(e) and 4.3(h)).
Credits Against Future Royalties. (a) Upon the abandonment or withdrawal of a claim of a published patent application of Alnylam Patent Rights that was the sole basis for the payment of royalties by Medtronic pursuant to Section 4.3(a), Medtronic shall be entitled to credit the amount of such royalties paid to Alnylam against any future royalties or payments to be made to Alnylam with respect to the Commercialization of such Licensed Product (excluding reimbursement amounts pursuant to Sections 3.1(f) and 4.3(b)).
Credits Against Future Royalties. (a) [CONFIDENTIAL TREATMENT REQUESTED] of the amount paid upon the occurrence of Milestone Event 3 pursuant to Section 9.2 shall be creditable, as an offset, against the royalties payable by Allergan to Inspire under Section 9.4, on Net Sales by Allergan, its Affiliates and Sublicensees of the Initial Product in the U.S.; provided, however, that such offset shall not exceed [CONFIDENTIAL TREATMENT REQUESTED] of said royalties on Net Sales of the Initial Product in the U.S. in any one (1) calendar year.
