Lack of Patent Protection. Subject to Section 7.4(e) the royalties payable to Surface with respect to Net Sales of Licensed Products shall be reduced, on a Licensed Product–by–Licensed Product and country-by-country basis, to [***] of the amounts otherwise payable pursuant to Section 7.2 during any portion of the Royalty Term upon expiration of the last-to-expire Valid Patent Claim Covering the composition of matter or method of use of the applicable Licensed Product in that country.
Lack of Patent Protection. Subject to Section 8.5.4(d) if at any time during the Royalty Term for a given Licensed Product in a particular country in the Territory, the [***] such Licensed Product in such country is not Covered by a Payment Claim, then the applicable [***] payable with respect to such Licensed Product in such country as specified in Section 8.5.2 shall be reduced by [***] of the [***] otherwise applicable for [***].
Lack of Patent Protection. If, at any time during the Royalty Term with respect to a Licensed Product, there are no Valid Claims under the Licensed Patents Covering [***], then the applicable royalty rate in effect with respect to such Licensed Product in such Region as specified in Section 6.2(a) will be reduced by [***].
Lack of Patent Protection. If at any time during the Royalty Term the last-to-expire Licensed Patent in a particular Region in the Territory having a Valid Claim covering [***] expires, then the applicable royalties in effect with respect to such Licensed Product in such Region as specified in Section 6.2(a)(ii) will be reduced [***].
Lack of Patent Protection. Subject to Section 7.7(f), if at any time during the Royalty Term, for any Licensed Product in a given country in the Territory, the last-to-expire Valid Claim in any Licensed Patent or [***] Covering such Licensed Product in such country expires or otherwise ceases to be a Valid Claim, then, from the first Calendar Quarter in which this Section 7.7(b) applies, and thereafter for so long as this Section 7.7(b) applies, the applicable royalties in effect with respect to such Licensed Product in such country as specified in Section 7.5(a) will be [***] by [***]. For this purpose, “last-to-expire” means the last to expire or last to continue to qualify as a Valid Claim. [***]
Lack of Patent Protection. The Company has applied for patent protection. Even though the patent application process has moved forward having completed preliminary examination, there can be no assurance that the PTC will grant patents pertaining to the technology. Additionally, there can be no assurance that the Company's patent(s), once issued, will not be challenged, invalidated or circumvented, or that any such rights will provide any competitive advantage.
Lack of Patent Protection. If a Licensed Product is not Covered by any Licensed Patent in a given country in the Licensed Territory during a Calendar Quarter, the applicable royalty rate(s) in Section 6.3(a) shall be reduced by [***] in such country during such Calendar Quarter;
