definiens: means the patent applications and patents listed on Schedule 1.23 hereto and, solely to the extent any Valid Claim would cover or be included in the license grants provided for herein, all divisions, continuations, continuations - in - part, ap­plications claiming priority thereto, and substitutions thereof ; all foreign patent applications corresponding to the preceding applications ; all U.S. and foreign patents issuing on any of the preceding applications, including extensions, reissues and re - examinations ; and any other pat­ent rights owned by XOMA which XOMA has the right to license or sublicense and which would be infringed by the activities contemplated hereunder but for this Agreement . XOMA Patent Rights shall also include ( i ) any improvements of the foregoing that are owned or con­trolled by XOMA and ( ii ) any patents or patent applications, whether now existing or obtained in the future, owned or controlled by XOMA containing a claim that is dominating over the foregoing patent rights ( i.e., is necessarily infringed by the practicing of a claim in one of the foregoing applications )