definiens: ( including variations thereof such as,, and ) means that the manufacture, use, import, offer for sale or sale of a [COMPANY] Product or Isis Product would infringe a V alid Claim ; provided, with respect to a process or manufacturin g patent, that such a Valid Claim therein effective ly precludes a Third Party from manufacturing, using, importing, offering for sale, or selling such [COMPANY] Product o r Isis Product . The determination of whether a [COMPANY] Produ ct or Isis Product is Covered by a particular Valid Claim shall be made on a country - by - country basis . A Vali d Claim shall be deemed to provide effective preclu sion hereunder where ( i ) there is no competing product b eing marketed or ( ii ) if a product is being markete d by a competitor, it infringes the Valid Claim ( including any period in which, and provided that, the Valid Claim is being litigated )