definiens: means : ( a ) any product, the manufacture, use, sale, offer for sale or import of which : ( 1 ) is covered by a valid claim o f an issued, unexpired Licensed Patent(s ) directed to the Invention ( claim of an issued, unexpired Licensed Patent(s ) shall be presumed to be valid un less and until it has been held to be invalid by a final judgment of a court o f competent jurisdiction from which no appeal can be or is taken ), or ( 2 ) is covered by any claim being prosecuted in a pending application directed to the Invention, which claim has not been pending for more than three ( 3 ) years from first filing of such clai m ; ( b ) any product which directly incorpor ates any of the Licensed Biological Materials ; or c ) any product which would not, but for the use of the Licensed Biological Materials, have been identified, discove red, or developed