definiens: shall mean a composition of m atter claim, or method of use claim ( or its equival ent ) of an issued and unexpired patent in a country in t he Territory which covers the Compound, is included within the Patent Rights, that provides market exclusivity ( as defined below ) as to the Product, that absent the license provided hereunder would be infringed by Schering ’s marketing, distribution or sale of Compound or Pro duct in such country of the Territory, and which ( i ) has no t been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competen t jurisdiction, unappealable or unappealed within t he time allowed for appeal ; or ( ii ) has not been abandoned, disclaimed, or admitted to be invalid or unenforce able through reissue or disclaimer or otherwise . Market exclusivity means that sales of all Product by Sche ring or its Affiliates in a country in the Territory ( ) constitute more than 75 % by volume of the sum of Schering Sales and all sales of Product by entities other than Schering or its Affiliates in such coun try