definiens: shall mean : ( a ) with respect to Paragraphs 3.3, 7.2, 12.4(b ) and ( c ) any DISPOSABLE, ( i ) the manufacture, use or sale of such is covered, in the country where the DISPOSABLE is manufactured or sold, b, ( 1 ) for the two ( 2 ) year period commencing on the first commercial sale of DISPOSABLES for a particular OPEN ARCHITECTURE SYSTEM or CLOSED ARCHITECTURE SYSTEM, a claim of a pending patent application within the LICENSED PATENTS, 0 ( 2 ) at any time . durmg the term hereof, a VALID CLAIM of any LICENSED PATENT or any third party technology acquired jointly pursuant to Paragraph 6.3 ; provided that such pending patent application or such LICENSED PATENT, as applicable, names as the sole inventor(s ) or as joint inventors, employees of MEDI - JECT ; or ( ii ) which is manufactured or sold in any country in which the FDA or applicable regulatory, authority requires the use of such DISPOSABLE with a NEEDLELESS INJECTOR covered by any of the UCENSED PATENTS ; or ( b ) with respect to Paragraphs 3.5, 4.4, 5.5, 12.2 and 12.5 of this Agreement and Paragraph 8 of Exhibit B, any DISPOSABLE, ( i ) the manufacture, use or sale of such is covered, in the country where the DISPOSABLE is manufactured or sold, b ) ( 1 ) for the two ( 2 ) year period commencing on the first commercial sale of DISPOSABLES for a particular OPEN ARCHITECTURE SYSTEM orCLQSED ARCHITECTURE SYSTEM, a claim of a pending patent application within the Medi - Ject / Becton / Dev.&Uc . Agmt -7 - . s Z " 9 ! -e F!I Z : J ~, .