Patent Royalties Sample Clauses

Patent Royalties. As further partial consideration for the acquisition of license rights under the Theravance Patents by Clinigen under this Agreement, where there is a Valid Claim of a Theravance Patent or a Joint Patent covering a Theravance Compound and/or the Licensed Product and/or its use or process of manufacture in a Country of the Territory at the time Net Sales in such Country occur, Clinigen shall pay Theravance, within thirty (30) days after the end of each Calendar Quarter from January 1, 2015 and during the remainder of the Term, royalty payments as follows: 1) On total Annual Net Sales in the Territory up to and including [***] 2) On total Annual Net Sales in the Territory greater than [***]: 30%

Patent Royalties. Subject to the provisions of Section 5.4.1(b), Merck shall pay Company royalties in an amount equal to the following percentage of Net Sales of Products by Merck or its Related Parties where the sale of Product would infringe a Valid Patent Claim in the country of sale: (1) [***] of Net Sales in the Territory in each Calendar Year up to and including [***]; (2) [***] of Net Sales in the Territory in each Calendar Year for the portion of Net Sales exceeding [***] up to and including [***]; and (3) [***] of Net Sales in the Territory in each Calendar Year for the portion of Net Sales exceeding [***].

Patent Royalties. Subject to the other provisions of this Section 5.6, on a Product-by-Product basis, Merck shall pay Ablynx royalties in an amount equal to the following percentage of Net Sales of a given Product sold by Merck or its Related Parties in a given Calendar Year in countries in the Territory, provided that such sale of such Product would infringe a Valid Patent Claim in the country of sale, but for the license grant under this Agreement: (a) […***…] percent ([…***…]%) of such Net Sales of such Product in the Territory in a given Calendar Year for the portion of Net Sales up to and including Net Sales of […***…] Dollars ($[…***…]); (b) […***…] percent ([…***…]%) of such Net Sales of such Product in the Territory in a given Calendar Year for the portion of such Net Sales exceeding […***…] Dollars ($[…***…]) up to and including […***…] Dollars ($[…***…]); (c) […***…] percent ([…***…]%) of such Net Sales of such Product in the Territory in a given Calendar Year for the portion of such Net Sales exceeding […***…] Dollars ($[…***…]) up to and including […***…] Dollars ($[…***…]); and (d) […***…] percent ([…***…]%) of such Net Sales of such Product in the Territory in a given Calendar Year for the portion of such Net Sales exceeding […***…] Dollars ($[…***…]). […***…].

Patent Royalties. ZMC shall pay Ambrx royalties in an amount equal to the following percentage of Net Sales of Licensed Products sold by ZMC or its Affiliates: 6.2.1 [***] of such Net Sales in the Territory in each Calendar Year up to and including Net Sales of [***]; 6.2.2 [***] of such Net Sales in the Territory in each Calendar Year for the portion of such Net Sales exceeding of [***] up to and including of [***]; and 6.2.3 [***] of such Net Sales in the Territory in each Calendar Year for the portion of such Net Sales exceeding [***].

Patent Royalties. In accordance with Section 5.4, PFIZER shall, on a country-by-country basis, pay to XXXXX with respect to each Product embraced by a Valid Claim in such country: (x) a royalty of [***************] of the Net Sales of each such Product for the portion of such Net Sales in the Territory in a Pfizer Year below or equal to [********************************] and (y) a royalty of [*******************] of the Net Sales of each such Product for the portion of such Net Sales in the Territory in a Pfizer Year in excess of [********************] (the royalty rates in clauses (x) and (y) being referred to as the “Base Patent Royalty Rates”). Notwithstanding anything to the contrary contained herein: (A) for the period beginning on the Effective Date and ending on the last day of Pfizer Year [******] the Sales of [******************************************************************************** ******** ************************************* ***] for the purpose of determining whether Net Sales of [**********************] has been achieved in the Territory in any Pfizer Year and PFIZER shall pay to XXXXX royalties on [*************] at the Base Royalty Rate (as defined below), [*************]; and (B) thereafter, the [***************] shall be calculated [***************************************************************] for the purpose of determining whether Net Sales of [************************] has been achieved in the Territory in any Pfizer Year, and PFIZER shall pay to XXXXX royalties on Net Sales of [*****************************] from [**************************************** *****************************************************] and [********************] at the Base Royalty Rate.

Patent Royalties. Subject to the provisions of this Agreement, including Section 5.13.3, Merck shall pay Vertex royalties in an amount equal to the following percentages of Net Sales of Products by Merck or its Related Parties, provided that the sale of Product would infringe a Valid Patent Claim in the country of sale: • For Calendar Year Net Sales in the Territory between [***]: : [***] • For those incremental Calendar Year Net Sales in the Territory [***]: [***] • For those incremental Calendar Year Net Sales in the Territory greater than [***]: [***] Royalties on each Product at the Patent royalty rates set forth above shall continue on a country-by-country basis until the later of (a) [***] from the date of First Commercial Sale of such Product in such country, or (b) the expiration of the last-to-expire Valid Patent Claim in effect in such country that would be infringed by the sale of such Product. This Section 5.13.2 shall apply to sales of Products in any country where such sale would infringe a Valid Patent Claim at any time, even if such Valid Patent Claim subsequently expires before the [***] of the date of First Commercial Sale of such Product in such country.

Patent Royalties. Pfizer shall pay Arvinas royalties in an amount equal to the following percentage of Net Sales of the relevant Product by Pfizer or its Related Parties in the applicable Pfizer Year of the applicable Royalty Period, provided that the sale of such Product is Covered by a Valid Patent Claim in the country of sale: (i) [**] percent ([**]%) of Net Sales in the Territory in each Pfizer Year up to and including [**] Dollars (US$[**]); (ii) [**] percent ([**]%) of Net Sales in the Territory in each Pfizer Year for the portion of Net Sales exceeding [**] Dollars (US$[**]) up to and including [**] Dollars (US$[**]); and (iii) [**] percent ([**]%) of Net Sales in the Territory in each Pfizer Year for the portion of Net Sales exceeding [**] Dollars (US$[**]).

Patent Royalties. Agensys shall pay Ambrx royalties in an amount equal to the following percentage of Net Sales of Royalty Products sold by the Related Parties in countries within the Territory where the manufacture, use, or sale of a Royalty Product by Agensys or its Related Party would infringe a Valid Patent Claim: (a) [***] of such Net Sales in the Territory in each Calendar Year up to and including Net Sales of [***]; (b) [***] of such Net Sales in the Territory in each Calendar Year for the portion of such Net Sales exceeding [***] up to and including [***]; and (c) [***] of such Net Sales in the Territory in each Calendar Year for the portion of such Net Sales exceeding [***]. The foregoing royalty tiers shall be determined on a Target-by-Target basis. As a result, for purposes of determining the foregoing royalty tiers under this Section 5.4.2, Net Sales of all Royalty Products for a given Target shall be aggregated, subject to Section 5.4.6. If a given Product could be used for more than one Target, then Net Sales of such Product shall only be used to determine royalties for one (1) Target as determined by Agensys. For clarity, (x) only Net Sales of those Royalty Products for a given Target for which a royalty is payable in a given country in a given Calendar Year under this Section 5.4.2 or Section 5.4.3, as applicable shall be included in determining such tiers and (y) Net Sales of Royalty Products for a given Target will not be combined with Net Sales of ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Royalty Products for any other Target for purposes of determining the foregoing royalty tiers.

Patent Royalties. Subject to Section 6.2 (d) below, from the date of the First Commercial Sale in a Jurisdiction of a Licensed Product until the later of: (i) expiration of the last Valid Claim that would be infringed by the manufacture, sale, offer for sale, use or importation of such Licensed Product in such Jurisdiction; and (ii) expiration of Marketing Exclusivity Rights in such Jurisdiction (the “Patent Royalty Term”), Hospira shall pay Durect a royalty equal to the following percentages of the aggregate annual Net Sales of such Licensed Product in the applicable Jurisdiction (“Patent Royalties”): [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] The royalty rates set forth above shall apply only to that portion of Net Sales of such Licensed Product within the applicable tier of Net Sales. For purposes of illustration, Patent Royalties owed on $[* * *] million in annual Net Sales of a Licensed Product would be calculated as the sum of (a) [* * *] and (b) [* * *]. The periods by which annual net sales are measured for purposes of this Section 6.2(a) shall be a calendar year (each, an “Annual Net Sales Period”) except that the first Annual Net Sales Period shall begin on the first day of the calendar quarter preceding the First Commercial Sale of such Licensed Product and continue to the end of the calendar quarter ending on December 31st of that calendar year. Confidential treatment has been sought for portions of this Agreement. The copy filed herewith omits the information subject to the confidential treatment request. Omissions are designated as * * *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.

Patent Royalties. The Sublicensee shall pay directly to MEDIGEN by bank transfer to the account indicated on the invoice the royalties on Net Sales of the Products on a country-by- country basis starting from the date of the first commercial sale of the Products will be paid as described below: a) a royalty of 0,5% of Net Sales in LIEs; and b) a royalty of 1% of Net Sales in LMIEs; and c) a royalty of 3% of Net Sales in UMIEs; and d) a royalty of 5% of Net Sales in HIEs, provided, that the royalties are due where there is a Patent Right granted and in force in the country of manufacture or sale, until the expiry of the last-to-expire Patent Right in such country.