definiens: or means ( a ) as to a compound or product ( or [ * * * ] ) and a Patent, that, in the absence of a license granted under, or ownership of, such Patent, the making, using, sell ing, offering for sale or importation of such compound or product ( or [ * * * ] ) would infringe such Patent or, as to a pending claim included in such Patent, the making, using, s elling, offering for sale or importation of such co mpound or product ( or [ * * * ] ) would infringe such Patent if su ch pending claim were to issue in an issued patent without modification, ( b ) as to Know - How and a Patent, that, in the absence of a license granted under, or own ership of, such Patent, the use or practice of such Know - How w ould infringe such Patent or, as to a pending claim included in such Patent, the use or practice of such Know - Ho w would infringe such Patent if such pending claim were to issue in an issued patent without modification and ( c ) as to a compound, product or technology and Kno w - How, that the exploitation of such compound, product or technology incorporates, uses, employs, embodies, o r practices such Know - How