definiens: means the ( i ) patents and patent applications listed in Exhibit A, ( ii ) all patents issuing onsuch patent applications, ( iii ) all other Patents Rights that claim priority to, in whole or in part, directly or indirectly, one or more of any of the patents or patent applications identified in ( i ) or ( ii ) above, and ( iv ) those other PatentRights Controlled by [COMPANY] or any of its Affiliates, as of the Effective Date or thereafter during the term of thisAgreement, which other Patent Rights relate solely to and may be used solely for the manufacture or use of theProduct or Marketed Product in the Field, provided, however, that such other Patent Rights of this clause ( iv ) shallnot include ( a ) any Patent Right directed to or claiming any manufacturing technology that is not required for themanufacture of such Product or Marketed Product ( e.g., if the Product or Marketed Product is amenable to beingmanufactured by a method that is not covered by the applicable other Patent Right, such other Patent Right wouldnot be considered to be a [COMPANY] Primary Patent for purposes of this Agreement ) or ( b ) any Patent Right directed to orclaiming any pharmaceutical formulation technology