definiens: is defined as any pr oduct containing as an active pharmaceutical ingredient one or more Licensed Compounds, which pr oduct is has the same pharmaceutical purpose as a Licensed Product ) or a generic version of a Licensed Product, if a Licensed Product was covered by Licensed Patent Rights in the Territ ory at or prior to the time of such Competitive Product Approved Sale, but is no longer covered by Licensed Patent Rights ( whether due to expiration, abandonment, a final, Lin - appealable ad judication of invalidity or otherwise ) ; or ( b ) the date of first Approved Sale of a Compet itive Product in the Territory, if a Licensed Product was not covered by Licensed Patent Rights i n such country at or prior to the time of such sale ; the royalty rate payable by Licensee with respect t o such Licensed Product shall be reduced to Four Percent ( 4.0 % ), unless and until such Licensed Prod uct shall subsequently be covered by Licensed Paten t Rights in the Territory