definiens: means the level of efforts and resources commonly used in thepharmaceutical industry to develop, obtain regulatory approvals for, protect intellectual property relating to, andcommercialize a product consistent with the efforts a similarly situated biopharmaceutical company would typicallydevote to a product at a similar stage in its product life and of similar market potential, profit potential and strategicvalue resulting from its own research efforts, based on information and conditions then - prevailing, including, withoutlimitation, efficacy of the product, the competitiveness of alternative products in the marketplace, the patent and otherproprietary position of the product, the likelihood of regulatory approval given the regulatory structure involved and thelikelihood of adequate -2 - THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF ACONFIDENTIAL TREATMENT REQUEST . REDACTED MATERIAL IS MARKEDWITH [ * ] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES ANDEXCHANGE COMMISSION