definiens: , or means, with respect to ( a ) a claim of a Patent and ( b ) a Compound or product, that the research, development, making, having made, using, offering for sale, selling, having sold, commercializing, importing, and/or exporting of such Compound orproduct would infringe a Valid Claim of such Patent as issued, or in the case of a patent application, evaluating the Valid Claims thereof for infringementas though they were issued as of the date of such evaluation, in the absence of a license under or ownership of such Patent . For the avoidance of doubta claim of a Patent that claims a Compound or product as a composition of matter, any formulation of such Compound or product, any process of makingsuch Compound or product, any method of using such Compound or product or any administration of such Compound or product, is a claim that Coverssuch Compound or product