GNE Licensed Product definition
Examples of GNE Licensed Product in a sentence
Royalties for any GNE US Net Sales of any GNE Licensed Product sold prior to the effective date of such PDL License Agreement shall be paid in the first royalty payment under such PDL License Agreement, and shall be included in the total annual GNE US Net Sales for the calendar year in which such GNE US Net Sales occur.
If, after GNE has exercised its license rights with respect to a particular Antigen and has entered into a PDL License Agreement pursuant to Section 2.1, GNE later has another product incorporating an Antibody that is directed against the same Antigen, then GNE must provide an additional written notice that such product is a GNE Licensed Product no later than ten (10) days following regulatory approval of such other product.
Royalties for any GNE ROW Net Sales of any GNE Licensed Product sold prior to the effective date of such PDL License Agreement shall be paid in the first royalty payment under such PDL License Agreement.
For each Disputed Product, the sole issue to be resolved in such arbitration is whether Genentech can prove, by clear and convincing evidence, that each Disputed Product clearly constitutes neither a GNE Licensed Product nor a Licensed Product by virtue of a Final Adverse Decision.
Without limiting the generality of the foregoing remedies, in each instance that Genentech prevails on its claim that a Disputed Product clearly constitutes neither a GNE Licensed Product nor a Licensed Product by virtue of a Final Adverse Decision, the arbitrator may award to Genentech a refund of some or all of the royalties that Genentech paid pursuant to Section 2.7 for such Disputed Product during the dispute resolution procedures.
GNE will pay royalties to PDL under each executed PDL License Agreement (including the Herceptin License Agreement), notwithstanding any provision of such PDL License Agreement to the contrary, at the rate of three percent (3%) of GNE ROW Net Sales by GNE, its Affiliates and sublicensees and Roche of each GNE Licensed Product.
GNE will pay royalties to PDL under the PDL License Agreements at the rate of [ ] of net sales by GNE, its Affiliates and sublicensees and Roche of each GNE Licensed Product.
In the case of a GNE Licensed Product that is a bispecific antibody, to the extent a license is required under the PDL Licensed Patents each arm shall require a separate license, provided that even if two licenses are required, the bispecific antibody shall be considered one GNE Licensed Product and bear a royalty of [ ] of net sales by GNE, its Affiliates and sublicensees and Roche of that GNE Licensed Product.
GNE will pay royalties to PDL under each executed PDL License Agreement (including the Herceptin License Agreement), notwithstanding any provision of such PDL License Agreement to the contrary, at the rate of […] of GNE ROW Net Sales by GNE, its Affiliates and sublicensees and Roche of each GNE Licensed Product.
For example, if two licenses are required for a GNE Licensed Product that is a bispecific antibody that generates GNE ROW Net Sales, the royalty due on such sales of such GNE Licensed Product, even if two licenses are required, shall be three percent (3%) of GNE ROW Net Sales by GNE, its Affiliates and sublicensees and Roche.