definiens: shall mean ( a ) all of the claims of AMS ' patents and applications existing or filed as of the Effective Date that include subject matter directed to the Technology Field, including all of the claims of the issued patents listed on Exhibit C hereof ( including the 927 Patent, the 703 Patent, the 064 Patent and the 601 Patent ) ; and ( b ) continuations, continuations in part ( to the extent of the part within the Technology Field and to the extent entitled to priority before the Effective Date ), divisionals, reexaminations, reissuances, extensions and foreign counterparts of any of the foregoing, provided, however, that shall not include any patent that has expired or has been invalidated or canceled or declared unenforceable or any claims in any patent that have been invalidated, declared unenforceable or canceled where all right to appeal any such order of cancellation, unenforceability or invalidity has elapsed and the order has become final . shall include applications beneficially owned or controlled by an AMS Party as of the Effective Date even if then pending in the name of the inventors or another assignee and not yet formally assigned to the AMS Party