definiens: means that COMPANY, its AFF ILIATES or SUBLICENSEES, anywhere in the TERRITORY, institutes or otherwise initiates ( or in any way aids any third party in in stituting or initiating ), at law or in equity or before any a dministrative or regulatory body, including the U.S . Patent and Trademark Office or its foreign counterparts, any c laim, demand, action, or cause of action for declar atory relief, damages, or for an enjoinment, injunction, or any o ther equitable remedy, including any interference, re - examination, review, opposition, or any similar pro ceeding, in each case, alleging that any claim in t he PATENT RIGHTS is invalid, unenforceable, or otherwise not patentable or that the PATENT RIGHTS would not be infringed by COMPANY ’s, its AFFILIATE ’s, its SUBLIC ENSEE ’s or other third party ’s activities absent th e rights and licenses granted hereunder