definiens: means any tumor - associated antigen ( other than EphA2 ) or a Derivative thereof, or a polynucleotide encoding such tumor associated antigen or Derivative thereof, that is useful to elicit an immune response [ to hyperprqlif'etifiveeeU$ ], that is not covered by granted Patent Rights of any entity and that is not claimed by any published patent application with subject matter that is reasonably likely to be patentable . To enable the parties to make such determination, [ [COMPANY] may require Medlmmune to obtain a legal opinion th ~ Hsreasona, blyacceptable to [COMPANY] ' legal counsel stating that no such granted Patent Rights e . .. . .. '' W ~ lll4beinfringed by the manufacture, use or sale of such antigen or Derivative, or .. ti"Seneoding such antigen or Derivative ], and/or that [ there is a legal basis for it b8mi : : ' fythat any such published patent application contains a Valid Patent Claim that is ~wJiJWyU, kely to issue·covering such antigen, or Derivative or polynucleotide encoding such anti ~ il"~tDeri.vative ( e.g., because prior art exists that would render such antigen, or Derivatives thereof,>Unpatentable ) ]