definiens: shall mean an RTK PRODUCT where LICENSEEacquired or in - licensed from a third party ( i.e., a party other than YALE ) intellectual property claiming such RTKPRODUCT and either : ( a ) Such RTK PRODUCT is ( or another RTK PRODUCT against the same RTK and acquired orin - licensed from the same source is ) the subject of an IND, or similar filing outside the United States, either at thetime of such acquisition or in - license or within [ * * ] months thereafter ( an ) ; or ( b ) Such RTK PRODUCT is not an IND PRODUCT, and, subsequent to such acquisition or in - licensing, LICENSEE does not file a patent application listing one or more LICENSEE employees as inventors wheresuch patent application claims the composition of matter or method of use of such RTK PRODUCT ; provided, however, if, in the case of ( a ) or ( b ) above, ( x ) prior to such acquisition or in - licensing, LICENSEE has fileda patent application listing one or more LICENSEE employees as inventors where such patent application claims thecomposition of matter of such RTK PRODUCT or ( y ) after such acquisition or in - licensing, LICENSEE conducts ( orcontracts with a third party to conduct on behalf of LICENSEE ) pre - clinical or clinical development on such RTKPRODUCT, then ( in the case of ( x ) or ( y ) ), such RTK PRODUCT shall not be a DESIGNATED THIRD PARTY RTKPRODUCT