definiens: means any Patent ( other than a Joint Patent ) that ( a ) is Controlled by [COMPANY] or its Affiliates as of theEffective Date or at any time during the Term, and ( b ) covers or claims the composition of matter, Development, process or methodfor making Licensed Product, use, sale, offer for sale, having sold, import, or any other Commercialization of a Licensed Product, including, packaging and labeling of finished Licensed Product for sale to distributors and end customers ( including any necessaryrelease testing of product or any component or ingredient thereof, and other quality assurance activities ) using bulk finishedLicensed Product Manufactured and supplied by [COMPANY] or Third Parties licensed or contracted by [COMPANY], but is not directed solely tothe Manufacture of a Licensed Product . [COMPANY] Patents include, as of the Effective Date, such Patents listed in the attachedSchedule 1.51, which schedule may be updated by the consensus of JPC from time to time during the Term . For clarity, the use of in this definition shall exclude any Third Party that becomes an Affiliate after the Effective Date due to an acquisition of, by or merger with [COMPANY], subject to the terms of Section 14.5