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This excerpt taken from the ISIS 10-Q filed Aug 9, 2007. Notwithstanding
the foregoing or any other provision of this Agreement, a Product shall only be
eligible for a royalty payment under this Section 5.4 in a given country, if,
as of the date of the First Commercial Sale of such Product in such country,
the making, using or selling of such Product (or the Compound contained in such
Product) in the U.S. or a Major European Country is Covered by a Valid Claim of
an Isis Patent Right in the U.S. or the European Patent Office. Accordingly, no royalty will be payable under
this Section 5.4 on Net Sales of a Product in a country where, as of the date
of the First Commercial Sale of such Product in such country, the making, using
or selling of such Product (or the Compound contained in such Product) in the
U.S. or a Major European Country was not then Covered by a Valid Claim of an
Isis Patent Right in the U.S. or the European Patent Office. Once a Product is determined to be eligible
for a royalty payment in accordance with the foregoing, it shall continue to be
eligible for the applicable Royalty Term, subject to the other terms and
conditions of this Agreement.
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