definiens: means all Patent Rights o ther than those included in the [COMPANY] Core Patent Rights which are Controlled by [COMPANY] during the term of this Agreement and which ( a ) claim any Licensed Compound and/or Licensed Product and ( b ) are necess ary for the research, discovery, Development, manufacture, marketing, use, export, import or sale of Licensed Compounds and/or Licensed Products in the Field . For the avoidance of doubt, the [COMPANY] Other Pa tent Rights do not include any claims in any Patent Rights Controlled by [COMPANY] covering the composition of matte r of any compound that are not also covering the composition of matter of any Licensed Compound or a n intermediate or starting material reasonably nece ssary in the manufacture of any Licensed Compound . Until a p atent or patent application is identified in Append ix 9, it shall not be considered a [COMPANY] Other Patent Right fo r the purposes of this Agreement