definiens: . [COMPANY] Net Sales shall mean . with respect to a Product or [COMPANY] Product, the gross invoiced sales of such Product ( olher than ( he Primary Product ) or [COMPANY] Product by DyClx and its RelatcJ PlIrties in the Dynx Field ill any country if such Product or [COMPANY] Product is Coyered by a Valid Claim of a [COMPANY] PClten ! Right in slIch country or for which the Development . Mi : ll1ufnctllre or COlllmercial ization made or makes lise of [COMPANY] Know - How, less the deductions set rOl1h in Section \.\ 09(a ) . The provisions of Sections 1.109(b ) and ( c ) shall also apply to [ IllY such gross invoiced sales by [COMPANY] and its Related Parties, as if'such sales were Net Sales made by [COMPANY] or its Related Parties . When applying the provisions of Section 1.109 to determinc [COMPANY] Net Sales pursuant to this section, the term shall be replaced with the term 1.65 . [COMPANY] Patent Rights shall mean ( a ) the Existing [COMPANY] Patcnt Rights, ( b ) [COMPANY] 's rights in the .Ioi11 t Patcnt Rights, ( c ) Patent Rights Controlled by [COMPANY] that otherwise Cover [COMPANY] Know - How and ( d ) Patent Rights Controlled by [COMPANY] Chat Cover [COMPANY] Products prOVided, however thaC [COMPANY] Patent Rights shull not include any Patent Rights directly related to [ ( w ) t cbnologic applied to pcptidcs or proteins with a primary purpose to extend the in . vivo half - life of peptides or proteins ( but hall include any Compounds, Products or [COMPANY] Products that would othelwi c be included in this definition without the application of Llch a technology ), ( x ) [COMPANY] 's proprietary display disc vcry l c1mologies for generating and screening peptide, Kunitz domains or antibody libraries or allY peptide libraries, Kunitz domains or antibody libraries generated through th usc of such technology . ( but shall include any Patent Rights applicable to Compounds extracted from any llch libraries and Controlled by [COMPANY] ) and ( y ) th lyophilized formulation of DX-88 . or ( 7 . ) the RCT rntellectual Propertyl *