definiens: of sUch\ f/~Ghgation GabITITyBioAlliance 's 1 Share " shall mean collectively : ( i ) fifty percent ( 50 % ) of Litigation Liability arising out of any I Litigation initiated before or during the first three ( 3 ) years immediately following the First I Commercial Launch ; ( ii ) thirty percent ( 30 % ) of Litigation Liability arising out of any Litigation I initiated after the first three ( 3 ) years following the First Commercial Launch . Despite anything I to the contrary in this Agreement, in no event shall credits against royalty payments reduce the I royalty payment due to BioAIliance in any Calendar Quarter to an amount that is less than J one - half ( 1/2 ) of the royalty payment that would be due to BioAIliance absence any such / eduction . ~ Trademark Infringement