definiens: means the gross amount billed or invoiced for sales or other disposition of a Product in final finished form by [COMPANY], its Affiliates, or its sub­licensees to third parties, less the following deductions : ( a ) bad debts related to the Product ; ( b ) any rebates, quantity, trade and cash discounts, and other usual and customary discounts to customers granted and taken in the ordinary course of business ; ( c ) retroactive price reductions, allowances chargebacks, rebates, adjustments and amounts repaid or credited by reason of rejections or returns of the Product ( including returns of the Product by reason of a Product recall or damaged or defective goods ) ; ( d ) compulsory payments and rebates, actually paid or deducted ; ( e ) customs duties and other governmental charges, as well as sales, use, excise, inventory, value added, and other taxes, related to the sale of the Product ; and ( f ) payments, discounts, rebates, fees, reimbursements or similar payments granted to managed health care organizations or federal, state or local governments, their agencies, purchasers or reimbursers or any government subsidized programs, wholesalers or other distributors, buying groups, health insurance carriers, other institutions, or discount programs ( including the [COMPANY] ShareCard and other similar discount cards ), and write - offs from quantities of the Product donated by [COMPANY] to third parties ; all to the extent not already deducted from the amount billed or invoiced and to the extent such a deduction has not otherwise been recovered or reimbursed . No deduction against gross amounts billed or invoiced will be made for commissions, study allowances, or marketing or promotiona ! expenses . ' means all the Valid Claims of patent applications and issued patents, whether domestic or foreign, including all continuations, continuations­in - part, divisions, and renewals, and letters of patent granted thereon, and all reissues, re - examination and extensions thereof and any patent restoration or extension period granted by a governmental authority, including but not limited to compensation for patent term lost during the clinical trial or regulatory approval process