definiens: shall mean the percentage of Total Annual Product Net Sales ( as defined herein ) generated by the Product and due to Licensor for as long as there is patent protection on Product or fifteen years ( 15 ) from date of the Commercial Laun ch, whichever is longer, wherein for this Agreement means that the sale of Product by anyone else except for Omthera and/or its Affiliates and sub - licensees in the appl icable country infringes a ( i ) valid, ( ii ) enforcea ble, and ( iii ) issued or applied for Licensor Patent in such country . The Patent Royalty applies on a country - by - country basis for the whole Territory cu mulatively and for each patent protection individually . In case of a sub - license, the royalti es due to Licensor apply to the total of sub - licens ees ’ Net Sales of Product ( see Section 8) ; 1.41