definiens: shall mean ( as an adjective or as a verb including conjugations and variations such as or ) that the developing, making, using, offering for sale, promoting, selling, exporting or importing of a given compound, formulation or product would infringe a valid claim inthe absence of a license under the Patent Rights to which such valid claim pertains . The determination ofwhether a compound, formulation, process or product is covered by a particular valid claim shall be madeon a country - by - country basis . As used in the previous sentence, means, with respect to aparticular country a claim in an issued and unexpired patent that has not lapsed or been disclaimed, revoked, held unenforceable, unpatentable or invalid by a decision of a court or other governmentalagency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and thathas not been admitted to be invalid or unenforceable through re - examination, re - issue, disclaimer orotherwise, or lost in an interference proceeding