definiens: means ( a ) with respect to the ANDA License, the period beginning on the ANDALicense Start Date and ending on the earliest of : ( i ) the expiration of the last to expire of the [COMPANY] Patents ( or, if later, theexpiration date for any market exclusivity granted pursuant to 21 USC § 355a ( as amended ) or any exclusivity grantedpursuant to 21 USC 355(c)(3)(E)(iii ), 21 USC 355(c)(3)(E)(iv ), 21 USC 355(j)(5)(F)(iii ) or 21 USC 355(j)(5)(F)(iv ) ), ( ii ) the dateof a decision(s ) of a court from which no appeal has been or can be taken that all of the claims of all of the [COMPANY] Patents that(A ) which would, in the absence of the licenses and sublicenses granted under this Agreement, allegedly or actually beinfringed by the use, sale or offering for sale by Defendants or their Affiliates of the [COMPANY] ANDA Product in the Territory, orthe manufacture or having manufactured by Defendants or their Affiliates of the [COMPANY] ANDA Product in the Territory, or theimportation or having imported by Defendants or their Affiliates of the [COMPANY] ANDA Product into the Territory, or ( B ) cover orclaim the AG Product, or the manufacture or use thereof, are invalid or unenforceable, or ( iii ) the termination of the ANDALicense or this Agreement pursuant to Section 8.2 ; and ( b ) with respect to the NDA License, the period beginning on theDismissal Effective Date and ending on the earliest of : ( i ) the expiration of the last to expire of the [COMPANY] Patents, ( ii ) the dateof a decision(s ) of a court from which no appeal has been or can be taken that all of the claims of all of the [COMPANY] Patents areinvalid or unenforceable, or ( iii ) the termination of this Agreement pursuant to Section 8.2