definiens: . Final ROW Legal Clearance means, with respect to a Product in a countryin the Territory but outside the U.S. Territory, the earliest of : ( i ) receipt by a Party or any of its Affiliates of a final, unappealable judgment that determines that marketing of such Product does not infringe the relevant Innovator ’s PatentRights ( due to non - infringement, invalidity and/or unenforceability ) ; or ( ii ) receipt by a Third Party of a final, unappealablejudgment in a patent infringement suit between the relevant Innovator and such8Third Party, which would permit the marketing of such Product without infringing the relevant Innovator ’s Patent Rights, either ( A ) because such Patent Rights have been declared invalid or unenforceable, or ( B ) as determined by the JSC in itsjudgment, even if such Patent Rights have not been declared invalid or unenforceable ; or ( iii ) a Settlement with respect to allsuch Patent Rights