definiens: means any claim, demand, lawsuit, cause of action or other action or proceeding, including without limitation by reexamination, oppo sition, interference, declaratory judgment proceedi ng or invalidity ornullity proceeding, alleging that a PTI Patent Righ t or Collaboration Patent Right is invalid, unenfor ceable, or notinfringed by the manufacture, use, sale, or importa tion of a Licensed Product in any court or other go vernmentalorganization or before any other arbitrar, provided, however, that a will not include any suchactions that [COMPANY] or one of its Affiliates firs t makes with respect to a Collaboration Patent Righ t or PTI PatentRight in defense of litigation initiated by PTI or one of its Affiliates alleging that [COMPANY] or its Affiliates infringes suchCollaboration Patent Right or PTI Patent Right