definiens: shall mean any proprietary development, information, know - how, idea, design, concept, technique, process, invention, compound, discovery, improvement whether or not patentable or copyrightable . means Technology that is either ( i ) assigned solely to [COMPANY], ( ii ) assigned jointly to [COMPANY] and a party other than Solvay, or ( iii ) licensed to or otherwise controlled by [COMPANY], in each case to the extent that [COMPANY] has the ability to license or sublicense the rights required under this Agreement without payment to a third party . means Technology that is either ( i ) assigned solely to Solvay, ( ii ) assigned jointly to Solvay and a party other than [COMPANY], or ( iii ) licensed to or otherwise controlled by Solvay, in each case to the extent that Solvay has the ability to license or sublicense the rights required under this Agreement without payment to a third party . means Technology that is developed or discovered jointly by one or more employees or consultants of Solvay and one or more employees or consultants of ArQuie pursuant to this Agreement, explicitly excluded are the compounds specified in Section 6.1 . 1.38 . means either ( i ) a claim of an issued patent that has not been held unenforceable or invalid by an ag ~ ncy or a court of competent jurisdiction in any unappealable or unappealed decision or ( ii ) a Claim of a pending patent application that has not been abandoned or finally rejected without the possibility of appeal or refiling