definiens: means any compound, other than the Lead Product Candidate, the sale ofwhich would, at the time of such sale, directly infringe an issued claim of ( i ) [ * ] ; ( ii ) a patent which issues from an applicationincluded within Patent Rights disclosed on such Section 3.10(b)(i)(A)(I ) of the Company Disclosure Schedule entitled [ * ] ; or(iii ) a patent which claims priority to an application included within Patent Rights disclosed on such Section 3.10(b)(i)(A)(I)of the Company Disclosure Schedule entitled [ * ], wherein such issued claim does not rely on newly - added subject matter insuch patent not present in such application included within Patent Rights disclosed on Section 3.10(b)(i)(A)(I ) of theCompany Disclosure Schedule ; in each case, absent a license to such patent, wherein the determination of infringementpresumes the validity of such issued claim