definiens: shall mean any method, the use or practice of which would constitute, but for the license granted herein, an infringement of any issued Valid Claim within the Gen - Probe Patent Rights ; provided, however, that Licensed Methods, shall never include any method directed to the detection of any target or marker that is excluded from Future Licensed Products under Section 3.1 . In the event that CDS ( or its Affiliate(s » invoices third parties for CDS 's performance of a Licensed Method used in conjunction with a Licensed Product or Future Licensed Product, then Net Sales ( as defined in Section 1.12, below ) shall include an amount equal to the average per unit Net Sales attributed to the Licensed Method multiplied by the number of such Licensed Methods performed by CDS ( or its Affiliate(s » during the Semi - Annual Period . If such Licensed . Product or Future Licensed Product is not sold to third parties for commercial use during such Semi - Annual Period, a reasonable apportionment shall be made of the gross amount invoiced for performance of the Licensed Method between the value of the Licensed Product or Future Licensed Product per se and the value of the laboratory services associated therewith, taking into account the average selling prices of products similar to the Licensed Products or Future Licensed Products . Such apportionment shall be negotiated in good faith between the Parti ~ s