definiens: means [COMPANY] or XOMA, as the case may be . and means Aph - Ion and XOMA, mans, with r ~ ect to [COMPANY] or XOMA, all United States andforeign palenls Controlled by Aphlon or XOMA . respectively, as to which a sublicense can begranted, at any time during the Term of this Agreement, which would be infringed by the use, development, manufacture, sale, import or export of a Product or which would be infringed byother activities to be performed by the Parties in accordance with this Agreement, including allUnited Slates and foreign patents and patent applications ( including all reissues, extensions, sub - stitutions, confirmations, registrations, revalidations . additions, continuations, continuations - in - part and divisions thereof ) . Patent Rights shall not include the ElIprcssion and Engineering