definiens: shall mean shall mean third party products sold in the FIELD, but not products sold byLICENSEE, AFFILIATES, or SUBLICENSEE, for an INDICATION that was previously exclusive due to aVALID CLAIM of a LICENSED PATENT and is a pharmaceutical product containing as an activepharmaceutical ingredient an agent that is the same as a LICENSED PRODUCT with respect topharmacokinetic and pharmacodynamics properties, dose, strength route of administration, safety, efficacy, and intended use ( or any salt, pro - drug, free acid or base, solvate, hydrate, stereoisomer, enantiomer, noncrystalline form, isotopic ( including but not limited deuterated ) form, and/or polymorphic form, crystallineor noncrystalline form of such LICENSED PRODUCT ) whether filed under an NDA, abbreviated NDA ( such asan ANDA ) or otherwise ( such as, without limitation, an application under 505(b)(2 ) ) . A GENERIC product soldby LICENSEE, SUBLICENSEE, or AFFILIATE shall not be a GENERIC