definiens: means : ( a ) any product, the manufacture, use, s ale, offer for sale or import of which : ( 1 ) is covered by a valid clai m of an issued, unexpired Licensed Patent(s ) directed to the Invent ion ( claim of an issued, unexpired Licensed Patent(s ) shall be presumed to b e valid unless and until it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is take n ), or ( 2 ) is covered by any claim be ing prosecuted in a pending application directed to the Invention, whic h claim has not been pending for more than three ( 3 ) years from first filing of such claim ; ( b ) any product which directly incorpora tes any of the Licensed Biological Materials ; or ( c ) any product which would not, but for the use of the Licensed Biological Materials, have been identified, discovered, or developed