definiens: shall mean any and a ll patents, patent applications, utility models and supplementary protection certificates ( which for the purposes of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention ) that during the term of this Agreement are owned by BIOCHEMIE or to which BIOCHEMIE through license or otherwise has or acquires sublicenseable rights, in each case that are capable of being licensed or sublicensed to CUBIST, and that : ( i ) claim the structure or composition of a ny Licensed Products or claim any method of use of any Licensed Products ; ( ii ) claim any invention necessary or useful in connection with the research, development, manufacture, marketing, promotion, use, sale, import or export of Licensed Products, includ ing, without limitation, all data and information regarding the safety and efficacy of Licensed Products ; ( iii ) claim BIOCHEMIE Improvements ; ( iv ) are divisions, continuations, continuations -in - part, reissues, renewals, extensions, supplementary protection certificates, utility, models and the like of any patents and patent applications claiming any of the items referred to in the foregoing clauses ( i ) -(iii ) ; or ( v ) are foreign equivalents or counterparts of any patents or patent applications filed in any c ountry and claiming any of the items referred to in the foregoing clauses ( i ) -(iii ) or are foreign equivalents or counterparts of any of the items referred to in the foregoing clause ( iv )