definiens: means all Patents that, during the Term, ( a ) become owned, licensed, or otherwise Controlled ( in the course of anyactivities with respect to Symproic or Naldemedine ) by BDSI, its Affiliate(s ), and/or BDSI Licensees and cover BDSI Know - How or ( b ) areControlled by BDSI, its Affiliates, and/or BDSI Licensees and used by or on behalf of BDSI, its Affiliates, and/or BDSI Licensees tomanufacture, develop, or commercialize Symproic or manufacture or use Naldemedine ( or any analog or derivative thereof ) . Notwithstandinganything to the contrary, however, BDSI Patents shall not include any Patents ( 1 ) to the extent claiming any API other than Naldemedine ( orany analog or derivative thereof ) or ( 2 ) owned, licensed, or otherwise controlled by any BDSI Acquiring Entity or BDSI Acquired Entity at thetime such Acquiring Entity or Acquired Entity first became a BDSI Acquiring Entity or BDSI Acquired Entity, except to the extent suchPatents ( i ) cover technology incorporated into Symproic, or utilized in the Development, Manufacture, or Commercialization of Symproic ( ormanufacture of Naldemedine for use in the Manufacture of Symproic ), by or on behalf of BDSI, any Affiliate thereof, or any BDSI Licensee,(ii ) cover technology that was generated following the Effective Date by or on behalf of such Acquiring Entity or Acquired Entity in the courseof their activities under this Agreement with respect to Symproic or Naldemedine, or ( iii ) were already included within the BDSI Patentsimmediately prior to the date of the transaction by which such Acquiring Entity or Acquired Entity first became a BDSI Acquiring Entity orBDSI Acquired Entity