ANDA License Trigger Date

ANDA License Trigger Date. Means the earliest of: (a) the later of (i) December 24, 2017 or (ii) if six (6) months of market exclusivity is granted pursuant to 21 USC §355a (as amended) with respect to any patent or exclusivity period covering the Cubist Product, then June 24, 2018 (such later date, the "Certain ANDA License Trigger Date"); *Confidential Treatment Requested. Omitted portions filed with the Commission. 2 (b) the date of a Final Court Decision in an Other Applicant... Proceeding holding that all of the then-asserted claims of the Patents-In-Suit are invalid, not infringed and/or unenforceable with respect to any Generic Equivalent; (c) the date on which Plaintiff, any of its Affiliates or a Third Party first commercially sells in the Territory a Generic Equivalent or an Authorized Generic (other than the AG Product sold to Defendants or their Affiliates pursuant to the Supply Agreement Terms or, if then applicable, the Supply Agreement, and any subsequent resale of such AG Product) under a license or other authorization (including any release, waiver or covenant not to sue) from Plaintiff; and (d) the date on which no unexpired patents are listed on the Orange Book for the Cubist NDA. View More