definiens: . D istrict Court Legal Clearance means, with respect to the U.S. Territory, in the e vent that Orange Book Litigation occurs prior to the granting of ANDA Fin al Approval for an ANDA filed by [COMPANY] or any of its Affiliates for the Product, the earlier of ( a ) a determination, including a summary judgment, from a federal district court ( a ) in the Orange Book Litigation ( a ) that marketing the Product by or on behalf of Sando z does not infringe Aventis ' Patent Rights, or ( b ) a determination, from a feder al district court, in a patent infringement suit between Aventis and a Thir d Party, which would permit the marketing of the Product by or on behalf of San doz without infringing Aventis ' Patent Rights ( i ) because such Patent Righ ts have been declared invalid or unenforceable or ( ii ) if such Patent Rights have not been declared invalid or unenforceable, in [COMPANY] 's reasonable judgment