definiens: means ( other than the Product ) any pharmaceutical product, dietary supplement, health food or medical food with ( i ) the same Active Moiety ( including drugs with the same Active Moiety includedwithin such product as part of a drug mixture or a fixed dose combination ), or in the same class of drug ( i.e., Omega-3 ), as the Product, in each case, whether or not targeted or used off - label to treat adult patients with moderately high, high or very high triglyceride levels, ( ii ) targeted to treat adult patients with moderately high, high or very hightriglyceride levels, or ( iii ) that are recognized by key opinion leaders in the industry mutually selected by the Parties orin accepted medical guidelines as being an alternate treatment to the Product . [ * * * ] 1.22 means, with respect to any Know - How, physical material, patent right, or other intellectualproperty right, possession by a Party or its Affiliates ( whether by ownership, license grant or other means ) of the legalright to grant the right to access or use, or to grant a license or a sublicense to, such Know - How, physical material, patent right, or other intellectual property right as provided for herein without violating the proprietary rights of anyThird Party or any terms of any agreement or other arrangement between such Party ( or any of its Affiliates ) and anyThird Party