definiens: shall mean ( a ) any process that would, absent the sublicense granted herein under the [ UIRF / Complementum i1CFHR1I3 ] Agreement, infringe anyone of the issued, valid, enforceable, unexpired claim(s ) or anyone of the pending claim(s ) contained in the [ i1CFHRl/31 Patents in any country ; and/or ( b ) any product or part thereof in the Field ( as defined in the [ UIRF / Complementum i1CFHR1I3 ] Agreement ), ( i ) the manufacture, use, import, or sale of which would infringe, absent the sublicense granted herein under the [ UIRF / Complementum i1CFHRl/3 ] Agreement, anyone of the issued, unexpired claim(s ) or any one of the pending claim(s ) contained in the [ i1CFHRl/3 ] Patents in any country, ( ii ) the manufacture or use of which uses a process described in Section 1.12(a ) above, or ( iii ) is a process described in Section 1.12(a ) above . For purposes of this Section 1.12, a claim of any issued, unexpired [ i1CFHRl/3 ] Patent shall be presumed to be valid unless and until it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken