definiens: means a Patent which, absent rights thereunder, would be infringed by the research, development, manufacture, use, importation, sale or offer for sale of a Collaboration Compound or a Collaboration Product for a Development Indication or, if any, an Additional Indication, and an Independent Product for Independent Indication which Patent is Controlled by ERGO, including patents 5 Controlled by ERGO based on ERGO 's interest in any Joint Patents . A list of ERGO Patents, as of the Effective Date, relating to the use of Bromocriptine in the Metabolic Indication is attached hereto as Exhibit 0 - 1 . Such list shall be modified from time - to - time to reflect any changes in status with respect to ERGO Patents and/or changes in the joint Development and/or Commercialization of Collaboration Compounds for Development and/or Additional Indications and Independent Products for Independent Indications . Such Patents listed in Exhibit 0 - 1, as amended, shall be deemed to be Controlled by ERGO for purposes of this Agreement