definiens: means any Collaboration Patent Right that is ( a ) Controlled by Sobi or any of its Aﬃliates during theTerm ( for the avoidance of doubt, including Sobi ’s interest in any Joint Patent Right ) and ( b ) Covers the Exploitation of anyCompound or Product Developed under the Global Development Plan . Notwithstanding anything in this Agreement to thecontrary, except to the extent necessary or useful for the Exploitation of any Compound or Product Developed under theGlobal Development Plan, Sobi Patent Right shall not include ( x ) any Additional Third Party IP in - licensed by Sobi or any ofits Aﬃliates under an agreement that Apellis does not agree to make a Collaboration In - License pursuant to Section 2.3(New In - Licenses ) or ( y ) any Patent Right to the extent Controlled by any Person that acquires all or any part of Sobi or anAﬃliate of Sobi, or any Aﬃliate of such Person, except to the extent that, following such acquisition, the Parties speciﬁcallyagree to incorporate any technology or invention Covered or claimed by such Patent Right into any Product Developedunder the Global Development Plan, in each case ( i ) that is Controlled, immediately prior to the eﬀective date of theacquisition, by such Person or any of its Aﬃliates ( other than Sobi or any of its Aﬃliates immediately prior to the eﬀectivedate of the acquisition ) or ( ii ) that is Controlled by such Person or any of its Affiliates ( other than Sobi or any23 of its Aﬃliates immediately prior to the eﬀective date of the acquisition ) on or after the eﬀective date of acquisition but isnot Controlled by Sobi or any Person that was an Aﬃliate of Sobi immediately prior to the eﬀective date of the acquisitionand Covers or claims an invention that was invented without the use of or reliance on any Sobi Conﬁdential Information orApellis Confidential Information