definiens: means the ( i ) Patents and Patent applications as se t forth on Schedule 1 of Exhibit A attached hereto consistent with THLD ’s Patent Right s under Article 2 of the Ascenta Agreement ( the ) ; and ( ii ) the Assigned Know How . shal l not include 1.4 means any and all Tec hnology that is controlled by THLD useful ( and actually used by THLD prior to the Effective Date ) that is necessary or reasonably useful for the development and/or commercialization of Drug Produc ts including the process and method useful for the synthesis, manufacture of TH-2870 and TH- 3424 which shall be more fully disclosed to OBI after the Effective Date . Notwithstanding the foreg oing definition, shall not include 1.5 shall mean China Food and Drug Adm inistration