definiens: means any Patent Right, otherthan the Joint Companion Diagnostic Patent Rights, in any form and whether pending orissued, that both ( a ) is Controlled by Spark or, subject to Section 2.5.1, any of its Affiliatesas of2CONFIDENTIALEXECUTION VERSIONNovember 6, 2017the Second Amendment Effective Date or comes into the Control of Spark or, subject toSection 2.5.1, any of its Affiliates following the Second Amendment Effective Date andduring the Term ( other than through the grant of a license by [COMPANY] ) and ( b ) claims ordiscloses ( i ) any Spark Companion Diagnostic Assay Know - How, ( ii ) any CompanionDiagnostic Assay ( including any component thereof ), or ( iii ) any method of making, usingor otherwise exploiting any Companion Diagnostic Assay ( including any componentthereof ) . The Spark Companion Diagnostic Patent Rights as of the Second AmendmentEffective Date are listed in Exhibit A attached to this Second Amendment