definiens: means any formal written filing with a government patent agency or court of law in any country madeindependent of and not in response to a material breach of this Agreement where such filing calls into question the validity orenforceability of any Royalty Triggering Patent Rights scheduled according to Section 9.2.4, including without limitation by(a ) filing a declaratory judgment action in which any Royalty Triggering Patent Rights are alleged to be invalid orunenforceable ; ( b ) citing prior art pursuant to 35 U.S.C. § 301, filing a request for re - examination of any Royalty TriggeringPatent Rights pursuant to 35 U.S.C. § 302 and/or § 311, or provoking or becoming party to an interference with an applicationfor Licensed Patent Rights pursuant to 35 U.S.C. § 135 ; or ( c ) filing or commencing any re - examination, opposition, cancellation, nullity or similar proceedings against any Royalty Triggering Patent Right in any country . Notwithstanding theforegoing, any action with respect to the Prosecution of Patent Rights taken by a Party in accordance with Section 9.1 shallnot be deemed to be a Challenge for purposes of this Agreement