definiens: means ( a ) all Patents ( including [COMPANY] ’s interest in any JointCollaboration Product Invention Patents described by the rest of this clause ( a ) ) Controlled by [COMPANY] or its Affiliate duringthe Term and claiming priority to a Patent first filed after the Pre - Sublicensing Term that Cover Product Inventions, and ( b ) allPost - Partnering Patents claiming priority to a Patent first filed after the Pre - Sublicensing Term, but excluding after a XencorChange of Control all Patents of the acquiror and/or the acquiring corporate family existing prior to or on the date of suchXencor Change of Control, claiming priority to such a Patent existing prior or on such date, or owned or controlled by suchacquirer and/or the acquiring corporate family independently of [COMPANY] ( for clarity, in the case where [COMPANY] is merged intoanother entity, the references here to and mean to refer to and )