definiens: means any intellectual property rights ( whether issued or pending)that ( a ) cover or claim ( or, with respect to pending rights, would cover or claim if issued ) the research, development, manufacture, commercialization, use, sale, importation or exportation of a Licensed Product in the applicablejurisdiction or ( b ) do not fall within clause ( a ) of this Section 1.25, but where the lack of a right to practice or use suchintellectual property rights would effectively prevent the research, development, manufacture, commercialization, use, sale, importation or exportation of a Licensed Product because such intellectual property rights cover or claim ( or, withrespect to pending rights, would cover or claim if issued ) a right that is necessary to the research, development, manufacture, commercialization, use, sale, importation or exportation of a Licensed Product in the applicablejurisdiction ( such as, for purposes of illustration only, an intellectual property right that covers or claims a delivery, formulation, manufacturing or other technology that would be necessary to commercialize a Licensed Product in theapplicable jurisdiction )