Royalty Product

Royalty Product. Means the first product for which an NDA is filed containing BEMA Granisetron following the date hereof; provided, however if BEMA Granisetron is not the first BEMA-based product for which an NDA is filed with the FDA by or on behalf of BDSI following the date hereof, then Royalty Product shall mean the first BEMA-based product for which an NDA is filed with the FDA by or on behalf of BDSI following the date hereof; provided, further however, that Royalty Product shall (i) exclude any... BEMA-based product containing Fentanyl or a Derivative thereof, or Buprenorphine or a Derivative thereof; and (ii) exclude any product, and Net Sales related to such product, other than the specific product approved under such NDA or any modification of the Royalty Product using the same API except where a new IND requiring a clinical trial is filed. View More

Royalty Product. (i) any product or device which is covered in whole or claimed in any of the Assigned IP; (ii) any product or device incorporating, utilizing or made by any process which utilizes the Assigned IP, the Intellectual Property, or the Intellectual Property Rights and (iii) any other insulin or diabetes related product or device sold, licensed or otherwise commercialized by the Company, Modular or any of their respective subsidiaries during the term of this Agreement