definiens: ) . [ * * * ] . 1.15 shall mean a legal or administrative challenge to the validity, patentability, scope or enforceability of any of the Patent Rights ( as defined below ) or otherwise opposing any of the Patent Rights ; provided, however, that a Patent Challenge shall not include : ( a ) arguments made by Company in the ordinary course of patent office prosecution for the purpose of distingu ishing the inventions claimed in patents or patent applications owned or controlled by Company ( ) from those claimed in the Patent Rights to the extent such arguments do not disparage, criticize or otherwise undermine the Patent Rights or raise any issue of the Patent Rights ’ compliance with or sufficiency under applicable patent laws, regulations or administrative rules, or disrupt prosecution of any of the Patent Rights in the ordinary course of patent office prosecution, or ( b ) arguments or assertions as to whether the Patent Rights cover a given product that arise in a claim of breach of contract concerning Company ’s royalty obligations brought by [COMPANY]