process, and apparatus claims, in any patent Licensable by such
    Contributor that would be infringed, but for the grant of the
    License, by the making, using, selling, offering for sale, having
    made, import, or transfer of either its Contributions or its
    Contributor Version.

1.12. "Secondary License"
    means either the GNU General Public License, Version 2.0, the GNU

rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.

  11. Patents.

  A "contributor" is a copyright holder who authorizes use under this