No Patent Protection. Royalties shall be payable at the rates specified in Section 4.1 or 4.2 above only with respect to sales of Products that would infringe a Valid Claim in the country in which such Products are sold. In the event that such Products are not covered by a Valid Claim in such country, XT shall be paid a royalty on such sales in accordance with this Article 4, [***].
Appears in 3 contracts
Samples: Product License Agreement (Abgenix Inc), Master Research License and Option Agreement (Abgenix Inc), Master Research License and Option Agreement (Abgenix Inc)
No Patent Protection. Royalties shall be payable at the rates specified in Section 4.1 or 4.2 above only with respect to sales of Products a Product that would infringe a Valid Claim in the country in which such Products are Product is sold. In the event that such Products are Product is not covered by a Valid Claim in such country, XT shall be paid a royalty on such sales in accordance with this Article 4, [***].
Appears in 2 contracts
Samples: Anti Il 8 Product License Agreement (Abgenix Inc), Anti Il 8 Product License Agreement (Abgenix Inc)
No Patent Protection. Royalties shall be payable at the rates specified in Section 4.1 or 4.2 above only with respect to sales of Products that would infringe a Valid Claim in the country in which such Products are sold. In the event that such Products are not covered by a Valid Claim in such country, XT shall be paid a royalty on such sales in accordance with this Article 4, but the royalty due XT with respect to Net Sales in such country will equal [***]] of the royalty set forth in Section 4.1 or as it may be offset under Section 4.2.
Appears in 2 contracts
Samples: Product License Agreement (Abgenix Inc), Product License Agreement (Abgenix Inc)
