definiens: means any finished dosage form of a drug product that contains Drug Substance ( excluding anyOral Formulation ) and either : ( a ) the manufacture, sale, offer for sale, importation, or use of such drug product ( i ) would, absent the license granted by [COMPANY] to [COMPANY] herein, infringe at least one Valid Claim of a [COMPANY] Patent Right, or(ii ) embodies, incorporates or uses [COMPANY] Technology ; or ( b ) such drug product is supplied by [COMPANY] to [COMPANY] under thisAgreement ( or is manufactured using Drug Substance supplied by [COMPANY] to [COMPANY] under this Agreement ) or is manufacturedby [COMPANY] or a Third Party pursuant to [COMPANY] ’s exercise of its rights under Section 5.17 ( or is manufactured using DrugSubstance manufactured by [COMPANY] or a Third Party pursuant to [COMPANY] ’s exercise of its rights under Section 5.17 )