definiens: means a claim in a Patent Right Controlled by Eleven that, ( i ) in the absence of a license, would not be Infringed by the use or sale of a Compound ; ( ii ) claims a generic class of compounds, a formulation of a generic class of compounds, or a method of making or using a generic class of compounds, which, in the absence of a license, would be Infringed by the use or sale of a Compound and would be Infringed by the use or sale of a co mpound other than a Compound ; or ( iii ) in the absence of a license, would be Infringed by the use or sale of a Licensed Product and would be Infringed by the use or sale of a corresponding Compound -Free Product . As used in this definition with respect to a given Licensed Product, the term means a product that includes the same therapeutically or prophylactically active ingredients as the Licensed Product with the sole exception being the absence of Licensed Compound(s ) ) . For clarity, the determination of whether a given claim in a Patent Right is a Non -Prosecution Claim shall be made on a patent claim basis