definiens: means the inventi ons patentable under applicable patent law that are claimed in the paten t applications and patents listed on Schedule 1.13(a ) hereto and all divisions, continuations, continuations - in - part, applications claiming priori ty thereto, and substitutions thereof ; all foreign patent applications correspond ing 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 patents or patent applications, whether now existin g or obtained in the future, owned or controlled by DIVERSA containing a claim t hat is dominating over the foregoing patent rights ( i.e., is necessarily infri nged by the practicing of a claim in one of the foregoing applications ) ; and an y patents or patent applications covered by any DIVERSA Third Party Lic enses, a list of which is set forth on Schedule 1.13(b )