definiens: means any product made, made for, used, sold, offered for sale, or imported byLicensee and/or any of its Affiliates and/or Sublicensees that : ( a ) in the absence of this Agreement would infringe atleast one pending or issued Valid Claim ( if such pending Valid Claim were issued in its then current form ) ; ( b ) uses aprocess covered by a pending or an issued Valid Claim ( if such pending Valid Claim were issued in its then currentform ) ; ( c ) embodies, or was made using a method or process that used, in whole or in part, or was otherwise derivedfrom, Technical Information and/or Tangible Research Property that, when used by Licensee, its Affiliates and / orSublicensees, was not publicly available for use by Third Parties ; and/or ( d ) in the absence of this Agreement, wouldinfringe at least one pending or issued Valid Claim ( if such pending Valid Claim were issued in its then current form ) ofa Special Patent Right, regardless of whether Licensee is determined to have certain ownership rights in such SpecialPatent Right pursuant to Section 9.5 . For the avoidance of doubt, for the purpose of this Section 1.15(d ), the term will assume that WU is the sole owner of such Special Patent Right, even if Licensee is determined to havecertain ownership rights in such Special Patent Right pursuant to Section 9.5