“Cover” means, with respect to any Patent and any composition or substance, that the manufacture, use or sale of such composition or substance would, absent a license to such Patent, infringe a Valid Claim of such Patent.

“Cover” means that the use, manufacture, sale, offer for sale, development, commercialization or importation of the subject matter in question by an unlicensed entity would infringe a Valid Claim of a Patent Right.

“Cover” means, with respect to a claim of a Patent and a Product, that such claim would be infringed, absent a license, by the manufacture, use, offer for sale, sale or importation of such Product (considering claims of patent applications as issued with the then-pending claims even though pending).

“Cover”, “Covered” or “Covering” means, # with respect to a patent, that, in the absence of a license granted to a Person under a Valid Claim included in such patent, the practice by such Person of an invention claimed in such patent would infringe such Valid Claim, or # with respect to a patent application, that, in the absence of a license granted to a Person under a Valid Claim included in such patent application, the practice by such Person of an invention claimed in such patent application would infringe such Valid Claim if such patent application were to issue as a patent.

“Cover” or “Covering” means # with respect to any Patent, that at least one Valid Claim of such Patent would be infringed by the manufacture, use or sale of a product, method or device, as applicable, and # with respect to any other intellectual property right, that the manufacture, use or sale of a product, method or device would infringe or misappropriate such rights, as applicable, unless in the case of either (i) or (ii), such manufacture, use or sale was in accordance with a granted license.