definiens: means any Product thatU'fteracts with a Drug Target the composition of matter or use of which DD}i Target is the subject of a Valid Claim included in the Lexicon Patent Righ~ provided that,/irrthe extent [COMPANY] designates the murine gene that corresponds to a Drug Target for inclusion in the LexVision Database pursuant to Section 4.4 ( and Lexicon had not, at the time of such designation, been requested by a Third Party or independently initiated a project to generate a mouse with a Selected Mutation in such gene ), a Product that interacts with such Drug Target shall not be a Royalty - Bearing Product unless ( i ) the composition of matter of such Drug Target is the subject of a Valid Claim included in the Lexicon Patent Rights or ( ii ) and until the use of such Drug Target is the subject of a claim of an issued and unexpired patent included in the Lexicon Patent Rights which has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for a.]1peal and that is not admitted to be invalid or unenforceable through reissue, disclaimer or othe ~ i~ Without prejudice to any other provisions of t~ Agreement, Lexicon shall, through the Steering Committee, regularly update [COMPANY] regarding ' [ He status of the Valid Claims and patents referred to in clauses ( i ) and ( ii ) abov ~ J 1.49 means a specific mutation in a particular portion of a gene of a mouse embryonic stem cell that is created using the OmniBank Method or Homologous Recombination, which mayor may not contain lox sites