definiens: , or " Covered > ', Cover, Covering or Covered shall mean, with respect to a Compound, a Product or technology, that ( a ) in the absence of a license granted under a Valid Claim of an issued patent, the making, having llwde, lise, offering for sale, sale, or importation of a Compound or Product, or the practice of such technology would infringe such Vlllid Claim . and ( b ) in the absence of a license granted under a V81id Claim of a patent application . the making, use, offering for sale, sale, or importation of a Compound or a Product or the practice of such technology would infringe sllch Valid Claim if such V < llid Clailll were to issue in a patcnt . For the avoidance of doubt, and without limiting other applications of this deli nition, a P < ltent Right '' Covers '' a Product or Compound if the making . having made, use, offer lor sale, sale or importation of such Product or Compound would . in the absence of a license gr < lntcd under a Valid Claim of such Patent Right, inli'inge such Patent Right