definiens: means, with respect to an Excluded Collaboration Hit or an Excluded PlaNet Gene Stack, apatentable invention that : ( i ) was developed by or on behalf of [COMPANY] or any of its Affiliates after the disclosure byEvogene to [COMPANY] of the Collaboration Hit underlying that Excluded Collaboration Hit or the Excluded PlaNet GeneStack, as the case may be ; ( ii ) that falls, in whole or in part, within the scope of a Valid Claim in an [COMPANY] PatentRight covering that Excluded Collaboration Hit or Excluded PlaNet Gene Stack, as the case may be, to the extentthat such Valid Claim was issued at the time the applicable Collaboration Hit or PlaNet Gene Stack, as the case maybe, became an Excluded Collaboration Hit or Excluded PlaNet Gene Stack, or was applied for at such time and wasissued at any time thereafter ; and ( iii ) the practice of all or any part of which would be necessary in the practice of theEvogene Patent Right described in the preceding clause ( ii )