definiens: means individually or collectively ( a ) any lawsuit(s ) or request(s ) for preliminary discovery initiated by [COMPANY] or [COMPANY] or a 111ird Party on behalf of AMRJ or [COMPANY] under Section 3.2(h ) in the United States or in a foreign country or jurisdiction against a Third Party or TIlird Parties for infringement of AMRJ Patent Rights, AMRJ Third Party Rights, [COMPANY] Licensed Patent Rights or [COMPANY] Third Party Rights and/or ( b ) any counterclaim(s ) or lawsuit(s ) instituted by a Third Party 4 CONFIDENTIAL against [COMPANY] or [COMPANY] or a Third Party that initiates a lawsuit on behalf ofBMS or [COMPANY] in the United States or in a foreign country or jurisdiction, in relation to [COMPANY] Patent Rights, [COMPANY] Third Party Rights, [COMPANY] Licensed Patent Rights or [COMPANY] TIlird Party Rights