definiens: means ( i ) any parenterally administered dosage fonn containing paracetamol ( or any Derivative thereof ) wone or in combination with one or more other drugs ( as defined, as of December 23, 2002, in Section 201 of the FDCA ), and for which the manufacture, use or sale in a counlry in the Territo ! ), ( x ) would other . ",ise infringe any of the Phannatop Patents or 8MS Patents but for the license rights granted by 8MS in Anicle 2 hereof and/or ( y ) incorporates or uses to any material extent any Phannatop Know - How and/or ( ii ) any parenterally administered dosage fonn containing paracetanl01 ( or any Derivative thereof ) alone or in combination with one or more other drugs ( as defined, as of December 23, 2002, in Section 201 of the FDCA ) thai is manufactured by a process that incorporates or uses to any material extent any confidential 8MS Know - How