Substantial Competition means market penetration in a country with respect to a Product by one or more Third Parties with a product [ * ].
Substantial Competition means that one or more third parties other than Santen, its **=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.
Substantial Competition means that sales by dollars or units of a competing product by a third party that is not an Affiliate exceed [*] of the corresponding sales of Licensed Products; and "competing product" means a product or service that comprises an [*] Vector and is directed against the same indications as a Licensed Product.
Examples of Substantial Competition in a sentence
Substantial Competition Restraint through Coordinated Conduct In some cases, subsequent to a vertical business combination, the company group may be more apt to engage in coordinated conduct by obtaining confidential information of its competitors.
If a Product is not Covered by a Valid Claim of a Patent and there is Substantial Competition in a country with respect to such Product in a calendar year, each Royalty Rate, including each Minimum Royalty Rate, shall be reduced for Net Sales in such country by [ * ].
With one exception, all FAST officer workstations were located in a single area of the section.
Substantial Competition of Phase 1 of the Project is required by October 19, 2016 Class A Contractor license required.
It is anticipated that a definition of Substantial Competition similar to that used for GB would be appropriate for the I-SEM.
More Definitions of Substantial Competition
Substantial Competition means that a competitor to Lundbeck or a Lundbeck Affiliate or a Lundbeck sub-licensee in a given country, introduces and markets an identical product to or one which produces the same clinical effects using the same molecule as does a Licensed Product and such competitor obtains more than twenty percent (20%) of the total CPI-1189 market share including the total Combination Product market share, as applicable, (calculated by Marketing Year) in that country based upon sales revenues denominated in the currency of that country.
Substantial Competition means that a Third Party is selling a competing bulking agent product in the Licensed Field that has a material adverse effect on QMS’ sales of such Licensed Product. QMS shall notify Q-Med in writing within ten (10) days after QMS becomes aware of any Substantial Competition.
Substantial Competition means market penetration in the Territory by one or more third parties who are not members of the Unimed Group which market penetration, with respect to the Product, cumulatively amounts to more than thirty three and one third percent (33 1/3 %) market share of such Product determined on a gram basis of Active Ingredient in the Territory during a calendar year.
Substantial Competition means a total sales volume of such THIRD PARTIES combined, in the particular country of the TERRITORY, of at least [*] of NET SALES volume of such PRODUCT in such country, and "continuing" shall mean a period of at least [*]. SB shall give Coulxxx xxxtten notice of such substantial competition with suitable and reasonable supporting documentation, including, for example, but not limited to, copies of market survey reports, THIRD PARTY bid activities, competitive promotional materials, and internal financial statements. Any reduction in the payment due from SB as a result of such THIRD PARTY competition shall be applied retroactively to the date on which substantial competition appeared in the TERRITORY as supported by reasonable documentation and shall be available to SB [*]. [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Substantial Competition means market penetration in a country with respect to a Product by one or more third parties with a product with the same active ingredient, which market penetration, with respect to such Product, cumulatively amounts to more than [*] market share of all products containing the same active ingredient determined on a per unit basis in such country during a calendar year. *=CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. SUCCESS CRITERIA means that Tularik identifies at least one Designated Screening Compound as set forth in Section 2.8 or elects to participate in the Pre-Clinical Development of at least one Designated Shared Compound as set forth in Section 4A.2, on each of at least two (2) Targets included in the Proof of Concept Stage, and each such Designated Compound must show activity such that Tularik initiates (in the case of a Designated Screening Compound) or the parties (in the case of a Designated Shared Compound) initiate a Medicinal Chemistry Effort with respect to such Designated Compound. TARGET means a specific protein target(s) selected or proposed by Tularik, as applicable, for which NeoGenesis will perform the Screening Program. A Target may be either a Screening Target or a Shared Target. An Excluded Target is not a Target for purposes of this Agreement until such time, if any, as it becomes a Screening Target or a Shared Target.
Substantial Competition means market penetration in a country with respect to a Product by one or more third parties with a product [*].
Substantial Competition as used in this Section 3.5 shall mean unit sales of the third party product which totals XXXXXXXXXX of the unit sales of Licensed Product in such country over any three (3) month period. Such substantial competition shall be measured by comparing Novartis' unit sales and those of the third party, as reported by IMS America or another reputable, independent market research firm acceptable to both Parties.