Common use of Patent Royalties Clause in Contracts

Patent Royalties. In accordance with Section 5.4, PFIZER shall pay to XXXXX royalties on Net Sales of each Research Product as follows: (x) from the period beginning on the Effective Date and ending on the last day of Pfizer Year [*******] the Net Sales of[***********************] shall be [******************] for the purpose of determining whether Net Sales of [**********************************************] in the has been achieved in the Territory in any Pfizer Year, and PFIZER shall pay to XXXXX royalties [******************] at the Base Royalty Rate, [****************************] and (y) thereafter, the [**********] of [***********************] shall be calculated without [********************************************* ********************] 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 [************] as follows: with respect to [************************]: (i) a royalty of [****************] of the aggregate Net Sales of all such Research Products for the portion of such Net Sales in the Territory in a Pfizer Year below or equal to [**************************************] and (ii) a royalty of [******************] of the aggregate Net Sales of all such Research Products 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 “Research Product Base Patent Royalty Rates”. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.

Appears in 2 contracts

Samples: License Agreement (Coley Pharmaceutical Group, Inc.), License Agreement (Coley Pharmaceutical Group, Inc.)

AutoNDA by SimpleDocs

Patent Royalties. In accordance with Section 5.4, PFIZER shall shall, on a country-by-country basis, pay to XXXXX royalties on Net Sales of with respect to each Research Product as followsembraced by a Valid Claim in such country: (x) from the period beginning on the Effective Date and ending on the last day a royalty of Pfizer Year [***************] of the Net Sales ofof 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 [**********************************************] in the has been achieved in the Territory in any Pfizer Year, and PFIZER shall pay to XXXXX royalties [******************] at the Base Royalty Rate, on Net Sales of [****************************] and (y) thereafter, the [**********] of from [***********************] shall be calculated without [***************** Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. ********************************************* *********] and [********************] for at 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 [************] as follows: with respect to [************************]: (i) a royalty of [****************] of the aggregate Net Sales of all such Research Products for the portion of such Net Sales in the Territory in a Pfizer Year below or equal to [**************************************] and (ii) a royalty of [******************] of the aggregate Net Sales of all such Research Products 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 “Research Product Base Patent Royalty Rates”. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities ActRate.

Appears in 2 contracts

Samples: License Agreement (Coley Pharmaceutical Group, Inc.), License Agreement (Coley Pharmaceutical Group, Inc.)

AutoNDA by SimpleDocs

Patent Royalties. In accordance with Section 5.4, PFIZER shall shall, on a country-by-country basis, pay to XXXXX royalties on Net Sales of with respect to each Research Product as followsembraced by a Valid Claim in such country: (x) from the period beginning on the Effective Date and ending on the last day a royalty of Pfizer Year [***************] of the Net Sales ofof each such Product for the portion of such Net Sales in the Territory in a Pfizer Year below or equal to [********************************] shall be and (y) a royalty of [*******************] for of the purpose of determining whether 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) [******************************] and [************************************** ******] the [**********************************************] in the has been achieved in the Territory in any Pfizer Year, and PFIZER shall pay to XXXXX royalties [****************************************** ******** ************************************* ***] at the Base Royalty Rate, for [****************************] and (y) thereafter, the [***********] of [** ***************************************] shall be calculated without in the [***************************************************** ********************] 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 [************] as follows: with respect to [************************]: (i) a royalty of **** [****************] of the aggregate Net Sales of all such Research Products for the portion of such Net Sales in the Territory in a Pfizer Year below or equal to [************* ************************************************************] and (iiB) a royalty of thereafter, the [*************** *********************************************************************************************** **************************************************************] for [***************************** **] of the aggregate Net Sales of all such Research Products for the portion of such Net Sales in the Territory in a Pfizer Year in excess of [*********************************************************************] (in the royalty rates in clauses (x) [**** *********************] and (y) being referred to as the “Research Product Base Patent Royalty Rates”. [************************************************************] of [***********************] from [******************************************************************* Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. *****************************************************] and [********************************** *******].

Appears in 1 contract

Samples: License Agreement (Coley Pharmaceutical Group, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!