definiens: shall mean any material, composition, drug, cell preparation, orother product ( a ) the manufacture, use or sale of which would constitute, but for the license granted to Companypursuant to this Agreement, an infringement of a claim of the JHU / NIH MELANOMA PATENT RIGHTS [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted andfiled separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of1933, as amended.(infringement shall include, but is not limited to, direct, contributory, or inducement to infringe ), is covered by apending claim of JHU / NIH MELANOMA PATENT RIGHTS or incorporates a BIOLOGICAL MATERIAL, and ( b ) hasreceived FDA or other regulatory approval to be marketed, sold, or used ( or is marketed or sold ) in the treatment ofmelanoma