definiens: means ( a ) the Patents listed in Exhibit 1.79, ( b ) any Patents that issue from the Patent Applications listed in Exhibit 1.79, ( c ) any Patents and/or Patent Applications that claim priority to a Patent or Patent Application listed in Exhibit 1.79, including without limitation any continuation, continued prosecution application, divisional, reissue or re - examination, ( d ) any other Patent and/or Patent Application Controlled by [COMPANY] or Aerogen as of the Effective Date or at any time during the term of this Agreement that claims a product, method, apparatus, material, manufacturing process or other technology necessary to develop, make, use, sell, offer for sale, import or export Formulated Amikacin, the Device, or Product, and ( e ) any foreign equivalents of 1.79(a ), ( b ), ( c ) or ( d ) . [COMPANY] Patent Rights include, without limitation, the Patents and Patent Applications licensed to [COMPANY] under the SUNY Agreement * . [COMPANY] Patent Rights includes [COMPANY] 's or Aerogen 's interest in Joint Patent Rights . [COMPANY] Patent Rights do not include [COMPANY] Know - How