definiens: means : ( a ) any patent or pat ent application that is conceived or has a filing date within the Capture Period ; ( b ) any divi sional, continuation, or continuation - in - part ( but only to the extent claims in such CIP that are based on and enabled by the subject matter disclosed in a patent or patent application meeting the crite ria of subclause ( a ) of this Section 1.13(C ) above ) application that is based upon the patents o r patent applications in subclause ( a ) of this Section 1.13(C ) above, and all foreign patents appl ications claiming priority from any of the foregoing patents and patent applications ; ( c ) any patent issuing on any of the foregoing applica tions, and including any reissue, re -examination, renewal, extension, or supplementary protection certificate ( or the like ) of any such pa tent ; and ( d ) any patent or patent application claiming priority to the same patent or patent appl ication as any of the foregoing applications ; provided, however, that in all such cases ( a ) to ( d ), such patent or patent application shall constitute a Hansen Future Patent only if it is eit her ( i ) owned by Hansen or an Affiliate of Hansen or ( ii ) licensed to Hansen or an Affiliate of Hanse n, with the right to grant sublicenses under such patents and patent applications within the scope of the licenses granted by Hansen to ISI hereunder, in each case only if the license or subl icense thereof does not give rise to any violation of the terms of any written agreement with a third party pursuant to which Hansen obtained or developed such right . Notwithstanding the 3 foregoing, does not include any patent or patent application that has a filing date subsequent to the effective date of an Acquisition of ISI or substantially all ISI assets ( but not arising from any business reorganization i nternal to ISI or ISI Affiliates ) by one or more third parties, nor any divisional, continuation, or continuation - in - part of any such patent application, or any patent issuing on any such pate nt application, nor any reissue, re - examination, renewal, extension, or supplementary protection cer tificate ( or the like ) of any such patent . For clarity, in the event a patent or application is li censed to Hansen or an Affiliate of Hansen and Hansen is not empowered to grant ISI a Co - exclusive license, then Hansen shall grant to ISI whatever license or right ( e.g., non - exclusive lice nse or non - assert ) that Hansen is empowered to grant a sublicensee, if any