definiens: means an Arena Patent R ight which is ( i ) an issued and unexpired patent, owned or controlled by Arena, containing a Valid Claim that would be infringed by the unauthorized sale, o ffering for sale or importing of a CART Identified Compound or Drug Product, or ( ii ) a patent application, owned or controlled by Arena, containing a pending Valid Claim which, upon issuance, would be infringed by the unauthorized sa le, offering for sale or importing of a CART Identified Compound or Drug Pro duct, provided that such patent application issues within at least one ( 1 ) y ear from the First Commercial Sale of a CART Identified Compound or Drug Product in the country at issue where such First Commercial Sale occurs or earlier . If a patent application that ceased to be a Drug Product Patent Right because it had not issued within one ( 1 ) year of such First Commercial Sale in the parti cular country at issue should subsequently be issued, it shall, as of the date of issuance, again become a Drug Product 4 9 Patent Right pursuant to subsection ( i ) of this par agraph . for purposes of this definition means that Arena is the exclusive licensee of such patent or patent application, with the right to sub license its rights under such license to the other Party hereunder