definiens: means recombinant human collagen type VII ( i ) that ( a ) is in the form of the recombinant human collagen VII manufactured by or on behalf of the Sellers as of the Closing Date ( or a form with only changes to the form manufactured by or on behalf of the Sellers as of the Closing Date that do not mat erially affect the three dimensional structure of such reco mbinant human collagen type VII ), or ( b ) specifical ly embodies, or is developed, manufactured, used, conc eived or otherwise reduced to practice specifically based upon or as a direct result of using, the Closing Da te IP or Product IP or ( ii ) the development, manufa cture, use, making, keeping, sale, importation or exportation o f which, if occurring in the United States, would ( a ) infringe a Valid Claim of the Closing Date IP or Product IP or ( b ) infringe any other Valid Claim Controlled by P urchaser or any Affiliate of Purchaser that claims an invent ion that is specifically based upon, is the direct result of using or directly incorporates the Closing Date IP or Pro duct IP . For the avoidance of doubt, incl udes any Acquired Product