definiens: shall mean : ( a ) any product, embodiment or material comprising a composition of matter, the making, use, sale, offer to sell, or importation of which would, but for the license granted herein or a statutory exemption such as, but not limited to, that provided by 35 U.S.C. § 271(e)(1 ), infringe one or more Valid Claim ; 4 Exhibit 10.2 ( b ) any currently existing or subsequently developed product, embodiment or material comprising a composition of matter that embodies, contains, incorporates, uses, or is made through the use of, or was in whole or in part derived from, the Licensed Know -How ; ( c ) any process, the use of which would, but for the license granted herein or a statutory exemption such as, but not limited to, that provided by 35 U.S.C. § 271(e)(1 ), infringe one or more Valid Claim ; or ( d ) any process that embodies, contains, incorporates, or uses, or was in whole or in part derived from, the Licensed Know -How