definiens: shall mean ( i ) Patent Rights under U.S. Patent No . 4,535,186, ( ii ) all other U.S. Patent Rights ownedor controlled as of the Signing Date or as of the Settlement Effective Date by [COMPANY] or any of its Affiliatesthat, but for the licenses contained herein, would be infringed by, the manufacture, use, sale, offer for sale orimportation of any IR Product ( including Compound to the extent 3LICENSE AGREEMENT necessary to manufacture IR Product ), and ( iii ) all U.S. Patent Rights, claiming ( directly or indirectly ) priorityto such U.S. patent and U.S. Patent Rights identified in clause ( i ) and ( ii ) or any of the applications to whichany such U.S. patent or U.S. Patent Rights claim ( directly or indirectly ) priority, that, but for the licensescontained herein, would be infringed by the manufacture, use, sale, offer for sale or importation of any IRProduct ( including Compound to the extent necessary to manufacture IR Product )