definiens: shall mean ( a ) any prodUct containing Milnacipran as an active ingredient, in any formulation and through any mode of administration ( excluding any Cypress Compounds ), which incorporates or uses, or was discovered, identified or developed using, the Lieensed Technology or the manufacture, use, sale, offer for sale or import of which Licensed Product is otherwise within the scope of any claim of the Licensed Patents, including without limitation, the IR Formulation and SR Formulation, regardless of intended use, and ( b ) any product containing any analog or derivative ofMilnacipran as an active ingredient, in any formulation and through any mode of administration, which is discovered, identified or developed by Forest or any of its Affiliates or sublicensees using any Licensed Technology or any data or Information provided by Cypress to Forest, or developed or acquired by or on behalf of Forest or any of its Affiliates or sublicensees, in the course of performance of this Agreement