definiens: shall mean all issued, unexpir ed patents and all reissues, renewals, re examinati ons and extensions thereof, and patent applications the refor, and any divisions or continuations, in whole or in part, thereof, including those patents and applications s et forth in Exhibit 1.40 which shall be updated fro m time to time, in each case which would, but for the license granted hereunder, be infringed by the Manufacture, packaging, importation, keeping, promoting, offerin g for sale, sale, marketing, distributing or use of a Product by [COMPANY], any of its Affiliates, Sublicensees or Su bdistributors within the Field in the Territory, in each case to the extent Controlled by NGX during the term of this Ag reement . Patent Rights also includes a Supplementar y Certificate of Protection of a member state of the European Union or any similar protective rights in any country in the Territory