Royalty Products. The Non-Opt-Out Party shall make all elections with respect to obtaining such patent term extension with respect to a Royalty Product for all Joint Patent Rights, Trubion Product Patent Rights and Facet Product Patent Rights that (i) claim the [ * ] or [ * ] of a [ * ] and [ * ] that is then [ * ] or [ * ] by the [ * ] and (ii) are licensed to the Non-Opt-Out Party.
Royalty Products. Company shall pay, or cause an Affiliate of Company to pay, to Physician royalty payments as follows (“Royalty Fees”):
(a) if the Royalty Product is not covered by a valid claim of an issued U.S. patent arising out of the Intellectual Property Rights, a royalty payment in the amount of [***] percent ([***]%) of the Net Sales of the Royalty Product for a period of [***] from the date of first commercial sale of the Royalty Product (“Royalty”); or
(b) if the Royalty Product is covered by a valid claim of an issued U.S. patent arising out of the Intellectual Property Rights, a royalty in the amount of [***] percent ([***]%) of the Net Sales of the Medical Device for [***] (“Royalty”).
Royalty Products. (a) Effective upon the exercise of a Party’s opt-out right with respect to a Collaboration Product, either on a Product or Indication basis, the applicable Product will be a Royalty Product. The Independent Development Party will pay the Opt-Out Party the royalty payments described in Section 9.5 for such Royalty Product.
(b) With respect to Collaboration Products developed by [****], [****] is the Independent Development Party and [****] is the Non-Developing Party, such Products are Royalty Products with respect to the [****] and the [****] is within the Royalty Territory for such Products. [****] will pay to [****] the royalty payments described in Section 9.5 for all such Royalty Products Commercialized in the [****].
Royalty Products. The term "Royalty Products" shall have the same meaning as contained in the License Agreement.
Royalty Products. Subject to article 4.1, Ellipsis shall have the sole and exclusive right in its sole discretion, at its expense to file in its name, prosecute and maintain Patents with claims covering Diagnostic Royalty Products and Therapeutic Royalty Products developed solely by its personnel, consultants or third party contractors.
Royalty Products. Royalty Products" shall mean MASC products and any other products that incorporate, utilize, or are derived from the Intelli-Site Software, except for products represented by purchase orders received prior to the Closing Date but not delivered to the customer until after the Closing Date in which the customer has already purchased the Intelli-Site Software. Notwithstanding the foregoing, Royalty Products shall not include revenues received from sales of Hardware or Software purchased by Purchaser or VUANCE from third parties, which were neither designed by VUANCE, nor developed or produced solely for Purchaser or VUANCE, and resold to customers by Purchaser or VUANCE without material modification.
Royalty Products. (i) VIVUS has not received notification from any Governmental Authority alleging that any marketed quantities of MUSE have been misbranded or adulterated, or contesting the marketing approval, labeling or promotion of MUSE. There has been no recall of any quantities of MUSE. No Adverse Events caused by use of MUSE have been reported in writing to VIVUS that are not disclosed in the package insert for MUSE or that have not been reported by VIVUS to the FDA.
(ii) MUSE is covered by the claims of United States patents that will expire not sooner than March 23, 2016. VIVUS has not received a written claim from any Person, and to VIVUS’ Knowledge no Person has asserted any claim, that any of the claims of any United States patent covering MUSE are invalid or unenforceable.
(iii) Avanafil is covered by the claims of United States patents that will expire not sooner than September 13, 2020. VIVUS has not received a written claim from any Person, and to VIVUS’ Knowledge no Person has asserted any claim, that any of the claims of any United States patent covering Avanafil are invalid or unenforceable.
(iv) To VIVUS’ Knowledge, no Person has filed, or has stated in writing that it intends to file, an abbreviated new drug application seeking approval to market a generic version of any of the Royalty Products.
(v) To VIVUS’ Knowledge, there are no facts or circumstances (including the announcements or actions of any Governmental Authority) as of the date of this Agreement that would reasonably be expected to result in a material decline in the level of sales or pricing for MUSE in the United States prior to the date set forth in Section 7(g)(ii).
