definiens: . Patent Litigat ion means ( a ) a claim or demand by Aventis that alleges patent infringement against any Momenta Indemnified Party or any [COMPANY] Indemnified Party b ased on ( i ) the activities of the [COMPANY] Parties or Momenta ( including those unde rtaken by Affiliates or Third Parties on behalf of them ) pursuant to this Agreeme nt related to the Product ( including the manufacture of the Product ), or ( ii ) the activities of the [COMPANY] Parties or Momenta ( including those undertaken by A ffiliates or Third Parties on behalf of them ) [ * * ] related to the Product ( includ ing the manufacture of the Product ), or ( b ) a declaratory judgment or other le gal or equitable proceeding approved by the JSC ( or if the JSC can not reach agr eement, through the provisions of Article 13 ) and commenced or joined b y Momenta, [COMPANY] or one of their Affiliates that seeks a judgment against Aven tis that [COMPANY], Momenta, their Affiliates and/or Momenta 's licensees have no t infringed, or will not infringe, any patent related to the Product ( includ ing the manufacture of the Product ), in each case, irrespective of the nature -11- EXECUTION COPY of the relief sought ( which may include, without li mitation, actual, consequential or enhanced damages ) and irrespective of the jurisdiction in which such claim, demand or action is brought