definiens: or or shall mean that on a country per country basis, a THIRD PARTY ( other than COLEY or its other non - exclusive licensee(s » has filed a PLA for a product claimed by COLEY PATENT claims or is commercially manufacturing, commercially using or importing such a product, provided, however, that if COLEY can demonstrate that COLEY is, within a six ( 6 ) 5/52 CONFIDENTIAL TREATMENT REQUESTED month period following such PLA filing of the THIRD PARTY product, actively negotiating with such THIRD PARTY a license in order to avoid INFRINGEMENT of the PATENT in all countries where such INFRINGEMENT exists and successfully enters into such license agreement, no INFRINGEMENT shall be deemed to exist or have existed . Failing to do so, INFRINGEMENT is deemed to exist as from the end of such six ( 6 ) month period . Notwithstanding the foregoing, in case of sale of such THIRD PARTY product and absent execution of the license agreement referred to above, INFRINGEMENT shall be deemed to exist