definiens: shall mean any produ ct or service related to the collection, processing and cryopreservation of huma n oocytes in any country in the Territory that meets any of the following crite ria : 1 < PAGE > ( i ) the development, manufacture or sale of a ny such product or any process undertaken in the provision of such service s is covered by a Valid Claim of any Patent in such country included in the MGH P atent Rights or any Patent in such country covering any portion of the GAMETE Dev elopment Technology or Joint Development Technology ( a ) ; ( ii ) the development, manufacture or sale of any such product or any process undertaken in the provision of such service s has, at any time, been covered by a Valid Claim of any Patent in such coun try included in the MGH Patent Rights or any Patent in such country coverin g any portion of the GAMETE Development Technology or Joint Development Technol ogy, and all such Valid Claims have expired or been invalidated ( an ) ; or ( iii ) such product or service ( a ) is not desc ribed in clauses ( i ) or ( ii ) above and ( b ) is developed, manufactured, sold or p rovided using Gamete Development Technology or Joint Development Technol ogy that is not described in or dominated by a Valid Claim of any Patent include d in the MGH Patent Rights or any Patent covering any portion of the GAMETE Devel opment Technology or Joint Development Technology ( a )