definiens: shall mean, on a country - by - country basis, the expiration of the last - to - expire [COMPANY] Patent that includes a Valid Claim that covers a Collaboration Product sold in such country, possession or territory and, addit ionally, shall be deemed to have occurred ( a ) as of the Effective Date on a country - by - country basis in such countrie s where no [COMPANY] Patent that includes a Valid Claim that covers the Collaboration Product sold in such count ry exists or ( b ) in the event a Third Party is gran ted ( i ) a license or sublicense as a result of a settlement b y [COMPANY] of any action taken in a court or Governmen tal or Regulatory Authority, or ( ii ) a compulsory license granted pursuant to Applicable Law or any action ta ken by a court or Governmental or Regulatory Authority ; and shall mean a claim of a pending patent application or an issued and unexpired patent, whic h has not been held invalid or unenforceable by a p atent office, court or other governmental agency of compe tent jurisdiction, which holding is unappealable . F or purposes of this Agreement, s hall be deemed to have occurred as of the date on a country - by - country basis in such countries where no [COMPANY] P atent that includes a Valid Claim that covers the Collaboration Product sold in such country, possess ion or territory exists . means the patents listed in Appendix B hereto