definiens: shall mean United States PatentApplication Serial No . : 11/575,878, filed April 19, 2007, United States Patent Application Serial No.:12/407,440, filed March 19, 2009, United States Provisional Application Serial No . : 61/255,980, filedOctober 29, 2009, United States Provisional Application Serial No . : 61/529,410 filed August 31, 2011,and Patent Cooperation Treaty Application Serial No . PCT / US2013/039812, and any applications whichclaim benefit of priority to said Patent Applications, and any United States or Foreign Patents issuingtherefrom, and any continuations, continuations - in - part, divisions, reissues, reexaminations orextensions thereof . Dartmouth shall be the assignee and owner of all such Patents and PatentApplications . ” ( b)Section 1.03 is hereby amended and restated in its entirety as follows : means any product within the Product Groups . ” ( c)Section 1.06 is hereby amended and restated in its entirety as follows : shall mean any person, corporation or entity directly or indirectlycontrolled by, controlling or under common control with the Company . For purposes of this definition, ( including, with correlative meanings,, and ) means a direct or indirect beneficial ownership of at least 50 % of the voting share capital of aperson, corporation or entity . ” ( d)Section 1.08 is hereby amended and restated in its entirety as follows : shall mean the gross billing price Company and its Subsidiariescharge to their customers for Licensed Products and/or Platform Products, less sales, use, occupationand excise taxes, and transportation, discounts, returns and allowances in lieu of returns . NeitherCompany nor any Subsidiary is a customer for purposes of Net Sales unless the Company orSubsidiary is the final purchaser or final user of the Licensed Product or Platform Product . ” ( e)The following additional defined terms are hereby added to the Agreement : means any pharmaceutical product containing or comprising a construct covered by aValid Claim of a Dartmouth Patent Right directly or indirectly claiming priority of [ ... * * * ... ], whether ornot such construct is the sole active ingredient in such product, including in each case, allformulations, line extensions and modes of administration thereof