definiens: means : ( a)with respect to a claim of an issued patent and a particular product, process or use, that the claim would ifvalid ( and for this purpose, validity is assumed ), be infringed by the making, use, supply, sale, hire orother disposal, offer for sale, hire or other disposal or importation of such product, process or use ( orproduct of such process ) but for : ( i)a license granted in this Agreement ; or ( ii)any legal exemption to infringement provided for clinical or preclinical use of pharmaceuticalproducts ; and ( b)with respect to a claim of a pending patent application and a particular product, process or use, that theclaim, if included in an issued patent rather than in a pending patent application, would if valid ( and for thispurpose, validity is assumed ), be infringed by the making, use, supply, sale, hire or other disposal, offerfor sale, hire or other disposal or importation of the product, process or use ( or product of such process)but for : ( i)a license granted in this Agreement ; or ( ii)any legal exemption to infringement provided for clinical or preclinical use of pharmaceuticalproducts