definiens: shall mean a composition of matt er claim, or method of use claim ( or its equivalent ) of an issued and unexpired patent in a country in the Territory which covers the Compound, is included wi thin 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 or its Affiliates ’ marketing, distribution or sale of Compound or Product in such country of the Territor y, and which ( i ) has not been revoked or held unenf orceable or invalid by a decision of a court or other govern mental agency of competent jurisdiction, unappealab le or unappealed within the time allowed for appeal ; or ( ii ) has not been abandoned, disclaimed, or admitted to be invalid or unenforceable through reissue or disclai mer or otherwise . Market exclusivity means that sal es ( in units ) of all Product by Schering or its Affiliates in a country in 7 the Territory ( ) constitute more th an 75 % by volume of the sum of ( 1 ) Schering Sales a nd ( 2 ) all sales ( in units ) of Product by entities other than Schering or its Affiliates in such country