definiens: means : ( a)any product consisting of [ … * * * … ] ; or ( b)any product that would, if [ … * * * … ], and ( ii ) [ … * * * … ] ; provided, however, that, for purposes of the foregoing, subsection [ … * * * … ] shall be amended ( mutatis mutandis ) as follows : 1.23 means, with respect to a [COMPANY] Patent ( including a [COMPANY] Product - Specific Patent ) or a Joint Patent, any act ivity in the Territory that ( a ) infringes or may in fringe such [COMPANY] Patent or Joint Patent and ( b ) is competiti ve with Product, including any infringement or thre atened infringement of a [COMPANY] Patent or Joint Patent by the manufacture, use, sale, offer for sale or impo rt of any Generic / Biosimilar Product ( or, in the case of an i nvestigational product that has not received Regula tory Approval in the Field in the Territory, would, if such Regul atory Approval were received, constitute a Generic/ Biosimilar Product ) in the Field in the Territory ; provided, however, that, for purposes of the preceding clause ( b ), th e phrase in Section 1.40 shall be disregarded