de facto exclusivity definition
de facto exclusivity means, with respect to any Licensed Product within any Royalty Country, any given Calendar Quarter during which (i) no Third Party has obtained Regulatory Approval for sale (if required) in such Royalty Country for a Competing Product and (ii) no Third Party has made at least one commercial sale for value of a product that is competitive to the Licensed Product in such Royalty Country within six (6) months prior to or after such Calendar Quarter. Notwithstanding the above, all countries in the Territory without a Valid Claim are deemed to have De Facto Exclusivity unless Licensee can provide verifiable third-party evidence to the contrary.
de facto exclusivity means that Roche, together with its Affiliates and sublicensees, controls at least [ ] of the market for a particular Licensed Product in the Territory as measured by unit sales. If no Valid Claim has been issued in the Territory and Roche does not enjoy de facto exclusivity for a Licensed Product at any time after [ ] years following Initial Commercialization, then Roche shall pay PDL a royalty rate of [ ] of the Net Sales in the Territory of that product until the [ ] anniversary of Initial Commercialization, or until Roche shall acquire de facto exclusivity for that product or until such time as a Valid Claim issues in the Territory (at which time Roche shall resume paying PDL royalties at the rates specified in Sections 4.01(a) or (b) above, whichever is applicable).
de facto exclusivity means that ▇. ▇▇▇▇▇, together with its Affiliates and sublicensees, controls at least [CONFIDENTIAL TREATMENT REQUESTED] of the market for a particular Licensed Product in a country as measured by unit sales. If neither of the Patentability Criteria have been satisfied and ▇. ▇▇▇▇▇ does not enjoy de facto exclusivity for a particular Licensed Product in a particular country at any time after [CONFIDENTIAL TREATMENT REQUESTED] following Initial Commercialization of such Licensed Product, then ▇. ▇▇▇▇▇ shall pay PDL [CONFIDENTIAL TREATMENT REQUESTED] of the Net Transplant Sales of such Licensed Product in the country of sale until the tenth anniversary of Initial Commercialization, or until ▇. ▇▇▇▇▇ shall acquire de facto exclusivity for that product or until such time as either of the Patentability Criteria is satisfied (at which time ▇. ▇▇▇▇▇ shall resume paying PDL royalties at the rates specified in Sections 3.1(a) or (b) above, whichever is applicable). Valid Claims and de facto exclusivity are to be determined on a country-by-country basis.
More Definitions of de facto exclusivity
de facto exclusivity means that Roche, together with its Affiliates and sublicensees, controls at least [CONFIDENTIAL TREATMENT REQUESTED] of the market for a particular Licensed Product in the United States as measured by unit sales. If no Valid Claim covering Licensed Product in Transplant Indications has been issued in the United States and Roche does not enjoy de facto exclusivity in Transplant Indications for a Licensed Product at any time after [CONFIDENTIAL TREATMENT REQUESTED] following Initial Commercialization, then Roche shall pay PDL a royalty rate of [CONFIDENTIAL TREATMENT REQUESTED] of the Net Transplant Sales in the United States of that product [CONFIDENTIAL TREATMENT REQUESTED] Initial Commercialization in the United States, or until Roche shall acquire de facto exclusivity in Transplant Indications for that product or until such time as a Valid Claim covering Licensed Product in Transplant Indications issues in the United States (at which time Roche shall resume paying PDL royalties at the rates specified in Sections 4.1(a) or (b) above, whichever is applicable).
de facto exclusivity means that F. ▇▇▇▇▇, together with its Affiliates and sublicensees, controls at least [ ] of the market for a particular Licensed Product in a country as measured by unit sales. If neither of the Patentability Criteria have been satisfied and F. ▇▇▇▇▇ does not enjoy de facto exclusivity for a particular Licensed Product in a particular country at any time after [ ] years following Initial Commercialization of such Licensed Product, then F. ▇▇▇▇▇ shall pay PDL a royalty rate of [ ] of the Net Sales of such Licensed Product in the country of sale until the [ ] anniversary of Initial Commercialization, or until F. ▇▇▇▇▇ shall acquire de facto exclusivity for that product or until such time as either of the Patentability Criteria is satisfied (at which time F. ▇▇▇▇▇ shall resume paying PDL royalties at the rates specified in Sections 3.01(a) or (b) above, whichever is applicable). Valid Claims and de facto exclusivity are to be determined on a country-by-country basis.
de facto exclusivity means that Roche, together with its Affiliates and sublicensees, controls at least [CONFIDENTIAL TREATMENT REQUESTED] of the market for a particular Licensed Product in Canada as measured by unit sales. If neither of the Patentability Criteria have been satisfied and Roche does not enjoy de facto exclusivity for a particular Licensed Product in Canada at any time after [CONFIDENTIAL TREATMENT REQUESTED] following Initial Commercialization in Canada of such Licensed Product, then Roche shall pay PDL a royalty rate of[CONFIDENTIAL TREATMENT REQUESTED] of the Net Transplant Sales of such Licensed Product in Canada until [CONFIDENTIAL TREATMENT REQUESTED] Initial Commercialization in Canada, or until Roche shall acquire de facto exclusivity for that product or until such time as either of the Patentability Criteria is satisfied (at which time Roche shall resume paying PDL royalties at the rates specified in Sections 4.1(a) or 4.1(b) above, whichever is applicable).
de facto exclusivity means that F. Roche, together with its Affiliates and
de facto exclusivity means, on a Revenue Product-by-Revenue Product and on a country-by-country basis, the period of time commencing upon the Effective Date and ending upon the date that a Third Party (i) has obtained approval for sale (if required) in that country for a product which contains the same active ingredient and which is approved for the same indication as a Revenue Product in that country, and (ii) has made at least one commercial sale for value of such product that is competitive with a Revenue Product in that country within six months prior to or after the calendar quarter in which Parent’s royalty calculation is being made, provided, however, that there shall be no De Facto Exclusivity in a particular country to the extent that such De Facto Exclusivity is primarily attributable to patent rights owned by, or licensed to, Parent, in such country.