definiens: . Patent Litigation means, with respect to a Product, ( a ) a claim or demand by therelevant Innovator or other Third Party that alleges patent infringement against any Momenta Indemnified Party or anySandoz Indemnified Party based on ( i ) the activities of [COMPANY] or Momenta ( including those undertaken by Affiliates or ThirdParties on behalf of them ) pursuant to this Agreement related to such Product ( including the manufacture of such Product ), or(ii ) the activities of [COMPANY] or Momenta ( including those undertaken by Affiliates or Third Parties on behalf of them ) prior tothe Effective Date related to such Product ( including the manufacture of such Product ), or ( b ) a declaratory judgment or otherlegal or equitable proceeding approved by the JSC ( or if the JSC can not reach agreement, through the provisions of Article13 ) and commenced or joined by Momenta, [COMPANY] or one of their Affiliates that seeks a judgment against the relevantInnovator or other Third Party that ( i ) [COMPANY], Momenta, their Affiliates and/or their permitted licensees hereunder have notinfringed, or will not infringe, any patent related to such Product ( including the manufacture of such Product ) and/or ( ii ) thatthe relevant Patent Rights of such Innovator or other Third Party are invalid or unenforceable ; in each case, irrespective of thenature of the relief sought ( which may include, without limitation, actual, consequential or enhanced damages ) andirrespective of the jurisdiction in which such claim, demand or action is brought