definiens: means, in the country of sale in the [COMPANY] Territory, that at least one of the claims of an issued and unexpiredpatent included within the Licensed Intellectual Property which would be infringed by the sale of the Royalty - BearingProduct in that country is in effect, and has not been revoked or held unenforceable or invalid by a final decision of a court orother governmental agency of competent jurisdiction having authority over said patent and that final decision is not appealedor unappealable ( all claims are considered valid until so adjudicated and during prosecution of a patent applicationcontaining such claims ) and is sufficient to prevent a Generic Product from being sold in such country . means market exclusivity granted by a Governmental Authority designed to prevent the entry of GenericProduct(s ) onto the market in the Field of Use, including new chemical entity exclusivity, new use or indication exclusivity, new formulation exclusivity, orphan drug exclusivity, pediatric exclusivity and 180 - day generic product exclusivity . Theforegoing shall not apply for sales in the Co - Promotion Region as long as the Co - Promotion Agreement is in effect