definiens: means all Patents that VIT or any VIT Affiliate Controls as of the Effective Date or duringthe Term, including Joint Patents, that would be infringed, absent a license or other right to practice 13granted under, or joint ownership rights in, such Patents, by the research, Development, manufacture, use, importation, offer for sale or sale of any Compound or Product ( considering patent applications to be issued with thethen - pending claims ) . VIT Patents do not include any Patent ( a ) relating to treatment algorithms or patient careprograms, ( b ) to the extent exclusively related to any compound that is proprietary to VIT, any VIT Affiliates or theirThird Party licensees / Sublicensees or related to the combination of a Compound with any such proprietary compound, and ( c ) resulting from development or commercialization efforts that are not conducted under this Agreement and donot use the Compound or the Product or any [COMPANY] Technology, including, without limitation, Patents notdirectly related to the Compound or the Product that have been developed by VIT, any VIT Affiliate or any Third Partyunder independent research programs or agreements ( e.g. generic drug delivery Patents ) without use of theCompound or the Product or any [COMPANY] Technology