definiens: means any Antibody ( including any Bi - Specific or Poly - Specific Antibody ) to the Target ( a ) wheresuch Antibody has been identified, generated, developed, produced or derived by [COMPANY] or a [COMPANY] Sublicensee or its sublicenseesand ( b ) the identification, generation, development, production or derivation of such Antibody uses any of the processes claimed orcovered by a claim of an issued and unexpired patent included within the Antibody Phage Display Patents ( which has not been heldpermanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdictionunappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue ordisclaimer or otherwise ) or uses the CAT Know - How and ( c ) which is potentially useful for the development of any DiagnosticAntibody Product and/or any Therapeutic Antibody Product