definiens: shall mean any and all pa tents, both foreign and domestic, which have not been held invalid or unenf orceable by a court of competent jurisdiction from which no appeal has bee n or can be taken, including without limitation all substitutions, extensions, r eissues, renewals, supplementary protection certificates and inventors ' certificates, ( a ) which ( i ) are issued as of the Effective Date, ( ii ) subsequen tly issue from applications ( including divisionals, continuations and continuat ions - in - part ) pending as of the Effective Date, or ( iii ) issue from any such ap plications subsequently filed on inventions made as of the Effective Date and ( b ) which [COMPANY] owns, controls or has a license to ( with the right to sublicense ), and ( c ) which relate to the development, manufacture, use or sale of the Produc ts or the Program Assays