definiens: means any challenge to the [ * * * ], or [ * * * ] of any of the Licensed Patent Rights thatCover a Licensed Product ( or components thereof ) in Development or being Commercialized by [COMPANY] or any ofits Affiliates or Sublicensees at the time of such challenge, including, without limitation : ( a ) filing a declaratoryjudgment action in which any of such Licensed Patent Rights is alleged to be invalid or unenforceable ; ( b ) citing priorart pursuant to 35 U.S.C. § 122 or § 301, filing a request for re - examination of any of such Licensed Patent Rightspursuant to 35 U.S.C. § 302 or § 311, filing a [ * * * ] of the Licensed Patent Rights pursuant to [ * * * ], or filing a [ * * * ] of anyof such Licensed Patent Rights pursuant to [ * * * ] ; or ( c ) filing or commencing any re - examination, opposition, cancellation, nullity or similar proceeding against any of such Licensed Patent Rights in any country [ * * * ]