definiens: means the chemical compound known under the International Non - proprietary nameaminocandin and the code name HMR-3270 and diagrammed on Schedule 1.8, and any other compoundsdisclosed or covered or included in the [COMPANY] Patent Assets or any compound that is part of theaminocandin family of compounds or any derivative, homolog, or analog of any of the foregoing, and anyisomer, salt, hydrate, solvate, amide, ester, metabolite, or prodrug of any of the foregoing 1.9 shall mean an unexpired patent which has not been invalidated by a court or othergovernmental agency of competent jurisdiction which is owned by a Third Party and which [COMPANY] or itssublicensees reasonably believe they have no Page 2 alternative to obtaining a royalty - bearing license under such patent in order to commercialize a Productunder this Agreement without infringing such patent . Any Third Party patent that ( i ) [ * ] and ( ii ) becomessubject to the preceding sentence after the Effective Date, shall be deemed a Dominating Patent