definiens: shall mean : ( a ) the . Algorithm and Heated Cover Patent Rights, the Amplification System Patent Rights, the Automated Method Patent Rights, the Real­Time Apparatus Patent Rights and the Thermal Cycling Instrument Patent Rights ; ( b ) any 3 SVI : \251104\OI\5DR401 ! .DOC\67210.0020 Confidential Treatment Requested by Celera Corporation continuations, continuations - in - part ( but only to the extent of any claims entitled to claim priority from any of the applications that resulted in the patents in the foregoing in part ( a ) above ), divisionals, reissues, re - examinations, extensions, provisionals, substitutes or renewals of any of the foregoing in part ( a ) above, but only to the extent any of the foregoing claims any instrument, process or system, and all patents issuing from any of the foregoing in this part ( b ) ; and ( c ) [ all Blocking Patents . As used herein, the term shall mean all instrument, process and system patents owned by Licensor or under which Licensor has the right to grant licenses, sublicenses and covenants not to sue in . the Licensed Field that both : ( i ) relate to a Licensed Real­Time Thermal Cycler ; and ( m would necessarily be infringed by the Exploitation of a Licensed Real - Time Thermal Cycler covered by the Real - Time Apparatus Patent Rights . ] No other patents or patent applications are included within the definition of Licensed Patents . Notwithstanding anything herein to the contrary, a non - exhaustive list of patents that are excluded from the Licensed Patents are the patents set forth on Exhibit I attached hereto and also.excluded from the Licensed Patents are, with the exception of the Real - Time Apparatus Patent Rights, u.s . Patent Nos . 5,475,610, 6,703,236, ° 5,656,493, 5,038,852, and 5,33,675, any patents and patent applications claiming priority from the patents on Exhibit I or having common priority claims as the patents on Exhibit I. do not include rights under any other patent or patent application, and expressly exclude, by way of example only, patents and patent applications that cover real - time methods or cover reagents, kits, mixtures or systems that are capable of use with Licensed Real - Time Thermal Cyclers