definiens: shall mean any Person other than the following : ( i ) IDEC ; ( ii ) any Affiliates of IDEC ; ( iii ) any partners of IDEC that are involved in the development, marketing or manufacture of products that are developed by, or co - developed with, IDEC ; ( iv ) any successors­in - interest to all or substantially all of IDEC 's assets or to any business or product to which the Assigned IP relates ( an ) ; ( v ) any Affiliates of any IDEC Successor ; ( v ) any partners of any IDEC Successor that are involved in the development, marketing or manufacture of products that are developed by, or co - developed with, such IDEC Successor ; and ( vi ) any licensees of rights from IDEC or any IDEC Successor as to products that are developed or co­developed by IDEC or any IDEC Successor . Without Imltmg t e be dee me, or urposes of this Agreement, not to be a Third Partyr----'~'---- ' ( ii ) shall mean a claim of an issued and unexpired patent which has not been revoked or held unenforceable or invalid by a decision of a court or governmental [ 10286 - 0040 /S3023170247J 4 ' *, Confidenlial Treatment . .. Requested b·,~. · .,~ agency of competent jurisdiction and which has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise