definiens: shaH mean [ any product that is the subject of the [COMPANY] Modafinil ANDA, or the subject of an ANDA filed or held by [COMPANY] or its Affiliates lor which the reference list d drug is ( i ) PROVIGIL ®, ( ii ) any other product that is the ' ubj ct of NDA ' 1\10 . 20 - 717 nd 11 of it curr nt or future uppl ~ m{;:nts ( provid d that 1hl .. : RI : .. ' 516 Patent ha · not been de ~ listt!d ), or ( iii ) any other prodlll : l that is th~ subjt!ct of an NDA or suppl m ntal -3-~*PQrtiQns oflhe Exhib ~ Mve be n .. Qmi.tled~~n < i ~ ha ~ y ~~~~~~~~~~~~~~~~ confidential treatment filed with the ecurlties and E cha Securities Exchange Act of 1934 aumended . ICONFIDE TJAL TREATMENT I NDA filcd or held by [COMPANY] for which Lhe RE ' 516 Patent is listed in the Orange Book ( provided that the RE · 516 Patent ha . not been de - listed ) ] * *