definiens: shall mean any ( a ) patents and patent applications that areowned or controlled by ATHX or any of its Affiliates as of the Effective Date and are pending or issued in the Territory,(b ) pre - grant forms claiming priority to of any of the foregoing, including provisionals, converted provisionals, divisionals, continuations ( in whole or in part ), ( c ) all patents issuing from any of the foregoing, and ( d ) all post - grantforms of any of the foregoing, including extensions, in each case, that ( if issued ) would be infringed, but for thelicense granted under Sections 2.1 or 2.2 by the manufacture, development, distribution, promotion, marketing, use, import, offer for sale or sale of Products in the Primary Field . ATHX MultiStem Background Patents owned orcontrolled by ATHX as of the Effective Date include the patents as listed in Schedule 2