definiens: means : ( a)with respect to a claim of an issued patent and a particular product, process oruse, that the claim would if valid ( and for this purpose, validity is assumed ), beinfringed by the making, use, supply, sale, hire or other disposal, offer for sale, hire or other disposal or importation of such product, process or use ( or product ofsuch process ) but for : ( i)a license granted in this Agreement ; or ( ii)any legal exemption to infringement provided for clinical or preclinical useof pharmaceutical products ; and ( b)with respect to a claim of a pending patent application and a particular product, process or use, that the claim, if included in an issued patent rather than in apending patent application, would if valid ( and for this purpose, validity isassumed ), be infringed by the making, use, supply, sale, hire or other disposal, offer for sale, hire or other disposal or importation of the product, process or use(or product of such process ) but for : ( i)a license granted in this Agreement ; or ( ii)any legal exemption to infringement provided for clinical or preclinical useof pharmaceutical products