definiens: means any Patent covering the Development, Manufacture ( other than of intermediatescovered by Exhibit F ), use, sale, offer for sale, having sold, Distribution, import, or any otherCommercialization of the Product that ( a ) is Controlled by [COMPANY] or its Affiliates as of the EffectiveDate or at any time during the Term, and ( b ) would, but for the license granted by [COMPANY] hereunder, beinfringed by the Development, Manufacture, use, sale, offer for sale, having sold, Distribution, import, or anyother Commercialization of the Product by or on behalf of EOS or its sublicensee(s ) in the Field or theExpandedField ( as applicable ) . [COMPANY] Patents shall include without limitation ( i ) those Patents listed on Exhibit C, and ( ii ) any patent issuing from an application claiming priority thereto or otherwise continuing therefrom