definiens: . Final Lega l Clearance means, with respect to the U.S. Territory, ( a ) the absence of P atent Litigation pursuant to 21 U.S.C. 355(c)(3)(C ) or 355(j)(5)(B ) with respect to the patents listed in the Orange Book for Lovenox(R ) ( ) prior to the granting of ANDA Final Approval for an ANDA filed by [COMPANY] or any of its Affiliates for the Product, or ( b ) in the event that Orange Book Litig ation occurs prior to the granting of ANDA Final Approval for an ANDA filed b y [COMPANY] or any of its Affiliates for the Product, the earliest of : ( i ) re ceipt by [COMPANY] or any of its Affiliates of a final, unappealable judgment that d etermines that marketing of the Product by or on behalf of [COMPANY] does not infr inge Aventis ' Patent Rights ; or ( ii ) receipt by a Third Party of a final, unappe alable judgment in a patent infringement suit between Aventis and such Third Pa rty, which would permit the marketing of the Product by or on behalf of [COMPANY] without infringing Aventis ' Patent Rights either ( x ) because such Patent Rights have been declared invalid or unenforceable, or ( y ) if such Patent Rights have not been declared invalid or unenforceable ( in [COMPANY] 's reasonable judgment ) ; or ( iii ) a Settlement