definiens: means any intellectual property rights ( whether issued or pending)that ( a ) Cover or claim ( or, with respect to pending rights, would Cover or claim if issued ) the research, Development, manufacture, Commercialization, use, sale, importation or exportation of a Sole Licensed Product in the applicablejurisdiction or ( b ) do not fall within clause ( a ) of this Section 1.40, but where the lack of a right to practice or use suchintellectual property rights would effectively prevent the research, Development, manufacture, Commercialization, use, sale, importation or exportation of a Sole Licensed Product because such intellectual property rights Cover orclaim ( or, with respect to pending rights, would Cover or claim if issued ) a right that is necessary to the research, Development, manufacture, Commercialization, use, sale, importation or exportation of a Sole Licensed Product in theapplicable jurisdiction ( such as, for purposes of illustration only, an intellectual property right that Covers or claims adelivery, formulation, manufacturing or other technology that would be necessary to Commercialize a Sole LicensedProduct in the applicable jurisdiction )